China Widens State Secrets Law to Include ‘Work Secrets’
Revised law requires government agencies to protect pieces of information ‘that are not state secrets but will cause certain adverse effects if leaked,’ state media says.
Expansion of State Secrets Law Reflects Heightened Focus on National Security
China’s legislature recently passed an update to the Law on Guarding State Secrets, expanding its scope to include what is now known as “work secrets”. The revised law, set to take effect from May 1, reflects Chinese President Xi Jinping’s growing emphasis on national security. The amendment comes on the back of last year’s extensive revision of Beijing’s anti-espionage law, raising concerns among some countries about potential ramifications for routine business activities.
Foreign Business Community Concerned following Police Raids and Detention of Executives
Several incidents involving Chinese authorities targeting management consultancies, including the high-profile cases of Mintz Group and Bain & Co, have reverberated within the foreign business community in China. There is a growing apprehension in response to these incidents, as some fear an increasingly blurred line between legitimate business activities and actions punishable under the updated state secrets law. Additionally, since last March, a Japanese pharmaceutical executive remains detained in Beijing on espionage allegations, further fueling concerns.
Expanded Scope but Similar Focus on National Security
Prior to the update, state secrets primarily incorporated government and Communist Party decision-making, as well as military, diplomatic, economic, and scientific activities. The revised law requires government agencies and work units to safeguard information that, although not classified as state secrets, holds the potential to cause unfavorable consequences if exposed. Detailed guidelines on the management of work secrets will be released separately, according to Xinhua news agency, which did not provide a specified timeline for their publication.
Growth of a Comprehensive National Security Framework
An unnamed official from the State Secrets Bureau affirmed that the revisions to the law aim to enhance categorization, inclusivity, and coherence in the implementation of national security and protection of state secrets. This development explicitly integrates the management of secrecy within the Communist Party’s framework. Authorities expect online operators, likewise, to collaborate with relevant departments in detecting and addressing suspected state secrets leaks. The updated legislation also establishes a stronger interlinkage with China’s Data Security Law regarding the handling of confidential data, the official added.
Increased Vigilance Encouraged to Foil Foreign Espionage Efforts
China’s Ministry of State Security, marking a notable shift, has turned to its official WeChat social media account to raise public awareness against foreign espionage. As national security assumes a more prominent role, individuals within China are being urged to remain vigilant and take appropriate precautions.
