The Protection of Classified Information Act (PCIA) provides for a definition of a state secret. Pursuant to Art. 25 of the PCIA, state secret applies only if three cumulative conditions are present:
- the category of information is provided by law;
- the classification aims to protect the national security, the defense, foreign policy and constitutional order;
- the disclosure would create threat of harming the above listed interests.
An appendix to Art. 25 of the Protection of Classified Information Act provides an exhaustive list of categories of information subject to classification as state secret - Appendix 1 to Art. 25 of the PCIA.
Here is a list of secondary legal acts that regulate the state secret exemption:
- Regulations for the Implementation of the Protection of Classified Information Act
- Regulations on the General Requirements Safeguarding the Industrial Security
- Mandatory Guidelines of the State Commission of Information Security for the Application of the Principles and Measures for Safeguarding the Industrial Security
- Regulation on the System of Measures, Ways and Means for the Physical Security of Classified Information and the Terms and Procedures of Their Implementation
- Regulations on the Procedure of Exercising Direct Control Over Classified Information Protection
- Regulations No. I-7 as of July 13, 2009 on the Procedure of Access to the Information Funds of the State Agency “National Security”
- Mandatory Guidelines of the State Commission of Information Security for Classification of Court and Investigation Cases
The legal framework is available on the web site of the State Commission of Information Security.