Principle of confidentiality review of information disclosure

The principle of confidential review of information disclosure: the principle of who discloses and who reviews; The principle of pre-disclosure review; Principle of comprehensive review; Principle of legal review.

Legal analysis

Whoever makes it public will review the principle. "Whoever makes it public will review it" conforms to the basic spirit of the principle of "who is in charge and who is responsible" in confidentiality work. The basic requirement of this principle is that the administrative organ that discloses information should keep confidential the information to be disclosed and be responsible for the final review results. To implement this principle, we need to clarify two basic issues: First, the information disclosed through the government portal website, the institutions and units that provide information should conduct confidential review of the information provided, and be responsible for the fact that the disclosed information is not classified. Second, the actual work of confidentiality review can be entrusted to specific staff, but the organ and the person in charge of the organ must bear the responsibility of confidentiality review. Pre-disclosure review principle. Confidentiality review is an important link in the whole information disclosure process, which plays the role of information "filter" and aims to filter out information that should not be disclosed before disclosure. Therefore, the confidentiality review must be carried out before the information is made public, otherwise it will lose its due significance and role. As for which link to review and who is responsible for the review before the disclosure, it can be decided by the administrative organ according to the actual situation, and specific provisions can be made in the internal confidentiality review system and working mechanism of the established organs and units. Principle of comprehensive review. The information that can be disclosed can be divided into two categories: one is information that is voluntarily disclosed; The first is the information disclosed according to the application. But no matter what kind of information it is, it is necessary to conduct a comprehensive confidential review of every specific information before it is officially made public. This kind of review is not only a review of the contents to be disclosed, but also a confidential review of the title and annexes. Principle of legal review. The results of confidentiality review are very important and must be carried out cautiously according to law. Confidentiality review must be conducted in accordance with relevant laws, regulations and provisions, and whether it is open or not can not be decided only by personal subjective imagination or from the interests of this organ.

legal ground

Article 34 of the Law of People's Republic of China (PRC) on Guarding State Secrets, enterprises and institutions engaged in the production, reproduction, maintenance and destruction of state secret carriers, the integration of classified information systems, and the scientific research and production of weapons and equipment involving state secrets shall conduct confidentiality review, and the specific measures shall be formulated by the State Council. When an organ or unit entrusts an enterprise or institution to engage in the business specified in the preceding paragraph, it shall sign a confidentiality agreement with it, put forward confidentiality requirements and take confidentiality measures.