LAW OF THE REPUBLIC OF MOLDOVA

of November 27, 2008 No. 245

About the state secret

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Concepts

For the purposes of this law the following concepts are used:

the safety certificate - the document confirming the right of the legal entity, except for body of the public power to perform the activities connected with use of the data carried to the state secret, creation of conditions for protection of such data, implementation of measures and/or rendering services in protection of the state secret;

the admission to the state secret - the right of physical person to access to the state secret, and also the right of the legal entity to the work with use of the data carried to the state secret which is drawn up in accordance with the established procedure;

privacy degree - the category characterizing importance of the data carried to the state secret, extent of restriction of access to them and level of their protection by the state;

means of information protection - the technical, cryptographic, program and other means intended for protection of the data carried to the state secret, means in which these data are realized, and also control facilities of efficiency of protection of the specified data;

security classification - the mark which is put down on the material carrier of the data carried to the state secret, and/or specified in the accompanying documentation to them, confirmatory degree of privacy of the data containing in their carrier;

loss of the data carried to the state secret - exit, including temporary, the data carried to the state secret from legal ownership or use as a result of their loss, plunder or unauthorized destruction;

protection of the state secret - complex of the organization-legal, technical, cryptographic, operational search and other measures directed to the prevention of disclosure or loss of the data carried to the state secret;

material carriers of the data carried to the state secret - material objects, including physical fields in which the data carried to the state secret find the display in the form of texts, signs, symbols, images, signals, technical solutions, processes, etc.;

the state secret - the data protected by the state in the sphere of national defense, economy, science and technology, external relations, state security, providing law and order and activities of bodies of the public power, unauthorized disclosure or loss of which can infringe on interests and/or safety of the Republic of Moldova.

Article 2. Purpose and scope of the law

(1) This law establishes the legal basis of protection of the state secret for the purpose of ensuring interests and/or safety of the Republic of Moldova. Protection of the state secret is performed by the organization of national system of protection of the state secret.

(2) Provisions of this law are obligatory and for the foreign citizens and persons without citizenship who undertook the obligation or obliged to fulfill requirements of the legislation of the Republic of Moldova about the state secret according to the status.

(3) the data Transferred to the Republic of Moldova which are secret of any foreign state or the international organization are protected according to the procedure, established by this law. If the international treaty, one of the parties of which is the Republic of Moldova, other regulations on protection of mystery of foreign state or the international organization are provided, regulations of the international treaty are applied.

Article 3. Legislation on the state secret

The legislation on the state secret is based on the Constitution of the Republic of Moldova, this law, other regulations regulating protection of the state secret and also on international treaties, one of the parties of which is the Republic of Moldova.

Article 4. National system of protection of the state secret

(1) the National system of protection of the state secret includes set of bodies of protection of the state secret, the methods and means used for protection of the data carried to the state secret, and their material carriers, and also measures taken in the specified sphere.

(The National system of protection of the state secret provides 2):

a) legal protection - set of provisions of the legal and other regulations regulating protection of the state secret;

b) protection by means of procedural measures - set of the regulating provisions according to which owners of the data carried to the state secret establish the internal measures relating to work and internal rules and procedures, intended for realization of protection of data;

c) physical protection - set of actions for protection, safety and protection of the data carried to the state secret by means of measures and means of physical control;

d) protection of information and telecommunication systems - set of actions for safety of the data carried to the state secret by means of use of cryptographic and technical methods and means of information protection, and also technical and organizational procedures;

e) protection of personnel - set of checks and measures concerning citizens to whom the admission to the state secret is drawn up or who have to it access, undertaken for the prevention and elimination of risk for the purpose of safety and protection of the state secret.

(3) the National system of protection of the state secret is intended for:

a) preventions of unauthorized access to the state secret, its disclosure and leakage;

b) establishments of circumstances, and also persons who the actions or failure to act can threaten safety of the state secret;

c) guaranteeing that the data carried to the state secret are available only to persons having the right to know them in connection with accomplishment of service duties or on other legal cause;

d) safety of telecommunication and information systems and networks of transfer of the state secret.

Article 5. Functions of bodies of the public power in the sphere of protection of the state secret

(1) Parliament:

a) performs legislative regulation of the relations in the sphere of the state secret;

b) establishes obligations of officials of the Secretariat of Parliament on ensuring protection of the state secret within Parliament;

c) exercises parliamentary control over the implementation of the legislation on the state secret.

(2) President of the Republic of Moldova:

a) signs international agreements on joint use and protection of the data carried to the state secret;

b) establishes obligations of persons responsible for ensuring protection of the state secret within the Office of the President of the Republic of Moldova;

c) performs within the powers other functions relating to the problem resolution connected with classification, declassification and protection of data.

(3) Government:

a) will organize accomplishment of provisions of this law;

b) approves structure, structure of the Interdepartmental commission on protection of the state secret and regulations on it;

c) approves the List of the officials given authority on reference of data to the state secret and also the List of the data carried to the state secret;

d) signs intergovernmental agreements about mutual protection of the data carried to the state secret;

e) approves Regulations on providing the mode of privacy within bodies of the public power and other legal entities;

f) approves Regulations on objects of particular treatment, the list of objects of particular treatment, the list of the objects which are temporarily forbidden for visit by foreign citizens;

g) establishes types of compensations, their amount and procedure for provision to citizens in connection with performance of works providing access to the state secret;

h) establishes procedure for determination of the extent of the caused damage or damage which can be caused to interests and/or safety of the Republic of Moldova or interests of bodies of the public power owing to disclosure or loss of the data carried to the state secret and also damage caused to the owner of data as a result of their classification;

i) makes decisions on transfer of the data carried to the state secret, foreign state or the international organization;

j) can change the resolution procedure for access to the state secret in the conditions of the announcement of emergency, obsidional or warlike situation;

k) carries out within the powers and other functions in the sphere of the state secret.

(4) Organa of the central and local public authority in cooperation with Service of information and safety:

a) provide protection of the data developed by them carried to the state secret and also the data carried to the state secret, transferred to them by other bodies of the public power or legal entities;

b) provide according to legislation provisions protection of the data carried to the state secret in organizations subordinated to them;

c) approve departmental lists of the data which are subject to classification and lists of positions of employees which need to draw up the admission to the state secret;

d) will organize functioning of internal divisions on protection of the state secret;

e) provide within the powers implementation of checking actions concerning citizens who need to draw up the admission to the state secret, make in Service of information and safety inquiry concerning implementation of the checking actions entering its competence;

f) represent to competent authorities of suggestion for improvement of national system of protection of the state secret;

g) perform within the powers other functions in the sphere of the state secret.

(5) Service of information and safety:

a) develops together with bodies of public management and the Interdepartmental commission on protection of the state secret and submits for approval to the Government drafts of regulations in the sphere of protection of the state secret;

b) gives specialized help to bodies of the public power and other legal entities in the organization of protection of the state secret;

c) participates in development and implementation of actions on protection of the state secret within bodies of the public power and other legal entities;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info