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REPUBLIC OF LITHUANIA

REPUBLIC OF LITHUANIA REPUBLIC OF LITHUANIA LAW ON STATE SECRETS AND THEIR PROTECTION Article

  1. Objective of the Law This Law shall regulate state secrets, as well as classifying, storing, using and declassifying information which is considered a state secret, in the Republic of Lithuania, its diplomatic and consular missions abroad. Information which is considered a secret of other states, upon transmission to the Republic of Lithuania, shall be kept and used in the manner prescribed by this Law. In the cases when effective international agreements of the Republic of Lithuania establish provisions concerning keeping and using secrets of foreign states other than those provided for in this Law, provisions of international agreements shall apply. This Law shall not regulate the procedure for classifying, using, keeping and declassifying of information which is not considered a state secret. The legal status, procedure for protection, classifying marks of such information shall be regulated by other standard acts of the Republic of Lithuania. Article
  2. State Secret A state secret shall be construed to mean political, economic, military, law-and-order, scientific, technological or other information, the disclosure or loss whereof can violate the sovereignty of the Republic of Lithuania, military or economic power, cause damage to the constitutional system and political interests, and which is specified in the list of the Republic of Lithuania, approved by the Government of the Republic of Lithuania, concerning the information which is considered a state secret. The state secret shall be the property of the State of Lithuania. Article
  3. Categories of State Secrets Information which is considered a state secret shall be divided into top secret and secret, due to is importance. A marking "Top secret" shall be applied to the information which is considered a state secret, disclosure or loss whereof causes or can cause grave consequences for the state interests. A marking "Secret" shall be applied to the information which is considered a state secret, disclosure or loss whereof inflicts or can inflict damage, and can cause harm to the state interests. Article
  4. Subjects of State Secrets Subjects of state secrets shall be public institutions or other legal persons vested with special powers of the Government of the Republic of Lithuania, the activities whereof are related to use or protection of the information which is considered a state secret. Article
  5. Regulation of Protection of State Secrets Protection of the information which is considered a state secret shall be regulated by this Law and, in the manner prescribed by laws, the Government of the Republic of Lithuania which shall: 1) establish the procedure for drawing up and amending the list (hereinafter referred to as the list of state secrets) of the Republic of Lithuania of the information which is considered a state secret; 2) approve the list of state secrets; 3) approve the list of subjects of state secrets, as well as establish the procedure for drawing up, approving and amending of detailed lists of the information which is considered a state secret, relating to the activities of subjects of state secrets; 4) establish the procedure for familiarising of the persons who hold office provided for in paragraph 4 of Article 10, with the information which is considered a state secret, as well as for notifying these persons of liability which is established by laws of the Republic of Lithuania, for disclosure or loss of the information which is considered a state secret; 5) prolong the term of classifying of the information which is considered a state secret; 6) approve standard acts which regulate protection of the information which is considered a state secret; and 7) establish the procedure for release of the information which is considered a state secret to other states or international organisations, as well as for permitting citizens of other states to have access to or familiarise themselves with the information which is considered a state secret. Article
  6. Classifying of Information Classifying of information shall be construed to mean applying of classification markings "Top secret" or "Secret" to the information which is considered a state secret. Subjects of state secrets shall apply classification markings to specific information. The basis for classifying of information shall be the list of state secrets. Subjects of state secrets, in compliance with the list of state secrets, shall draw up detailed lists of the information which is considered a state secret, relating to the activities ascribed to the sphere of their regulation. Article
  7. Temporary Classifying of Information which is not Included in the List of State Secrets If the information is not provided for in the list of state secrets, but it is so important that it is necessary to classify such information, a subject of state secrets shall have the right to temporarily classify such information, applying a classification marking "Secret". The subject of state secrets who has temporarily classified the information and upon having co-ordinated this with the National Security Department, must within 5 working days make a motivated request to the Government of the Republic of Lithuania to supplement the list of state secrets. If at the next Government sitting, but not later than within 15 days beginning with the moment of making a request, the Government of the Republic of Lithuania does not supplement the list of state secrets, the subject of state secrets shall declassify the information which has been temporarily classified. Article
  8. Information which is not Considered a State Secret The following information shall not be considered a state secret: 1) statistical data concerning the state of economy and finances, except for the information which is provided for in the list of state secrets, as well as the state of health care, education, ecology, social and demographic situation, results of social studies; 2) information about natural calamities or catastrophes, as well as about their consequences; 3) information about criminogenic situation, corruption, illegal actions of officers, violations of human rights; 4) information about labour market, as well as information about wages, privileges and guarantees provided for officers and employees of public institutions; 5) information about implementation of the state budget of the Republic of Lithuania, except for some items of utilisation of budgetary allocations which are provided for in the list of state secrets; and 6) information, concealment whereof would violate human rights which are provided for in the Constitution of the Republic of Lithuania, laws of the Republic of Lithuania, and bilateral and multilateral international agreements of the Republic of Lithuania. Article
  9. Permit to Work with the Information which is Considered a State Secret Persons who are granted appropriate permits may hold office related with use and protection of the information which considered a state secret. A permit to work with the information which is considered a state secret shall be granted by a subject of state secrets upon having co-ordinated a person's candidature with the National Security Department. It shall be prohibited to grant a permit to work with the information which is considered a state secret to a person without the consent of the National Security Department. A person shall be permitted to work with the information which is considered a state secret, if he: 1) is a citizen of the Republic of Lithuania; 2) gives a written consent that his candidature would be investigated; 3) is eligible for this kind of work due to his personal qualities and professional qualifications, as well as medical requirements, established by the Ministry of Health of the Republic of Lithuania; and 4) pledges himself in writing to keep the information which is considered a state secret and is notified of liability, established by the Republic of Lithuania, for disclosure or loss of the information which is considered a state secret. A person shall not be granted a permit to work with the information which is considered a state secret, if he: 1) has appealed to appropriate state institutions concerning the renunciation of citizenship of the Republic of Lithuania; 2) has been previously convicted for committing a deliberate crime, or legal actions have been taken against him for committing such crime; 3) has been declared legally incompetent or of limited competence in accordance with the established procedure; 4) has collaborated or maintains relations with special services of other states with interests hostile to the Republic of Lithuania; 5) withholds or provides false biographical data or information about himself in order to mislead officers who investigate his candidature; 6) has been removed from his duties due to the violations of the procedure for working with the information which is considered a state secret; 7) is included in the operative register; and 8) has renounced the oath which he took to the Republic of Lithuania. Article
  10. Permit to Familiarise Oneself with the Information which is Considered a State Secret To familiarise oneself with the information which is considered a state secret shall have the right only a person who has been granted the permit to work with such information, and only with that of information which is related with the performance of his duties. A permit to familiarise oneself with the information which is considered a state secret, and which another subject of state secrets has at its disposal, shall be granted to the person by the head of the institution which disposes of such information. The person must produce a purposive order issued by the head of the institution he works wherein. It must be confirmed in the order that the person has the permit to work with the information which is considered a state secret, specified the type and volume of information the person needs to familiarise himself with, as well as the motive for familiarising with such information. If a decision is adopted not to allow the person to familiarise himself with the information which is considered a state secret specified in the order, the head of the institution which disposes of such information must give reasons for his decision, as well as familiarise within 10 days the head of the institution, which has sent the person, with this decision. The following shall ex officio have the right to familiarise themselves with the information which is considered a state secret, without exceeding their powers established by laws: the President of the Republic, the Prime Minister, and the members of the Seimas of the Republic of Lithuania; the persons who are appointed to discharge their duties by: the President of the Republic, the Seimas of the Republic of Lithuania, the Government of the Republic of Lithuania, and the Prime Minister. Article
  11. Annulment of the Permit to Work with the Information which is Considered a State Secret The permit to work with the information which is considered a state secret shall be annulled if: 1) the person renounces the citizenship of the Republic of Lithuania; 2) the person is removed from office related with use and protection of the information which is considered a state secret; 3) the person has been sentenced for committing a deliberate crime; 4) the person has been declared legally incompetent or of limited competence in accordance with the established procedure; 5) the person leaves for a permanent residence abroad or stays abroad for residence; 6) it is established that the permit has been groundlessly granted to the person; 7) the person is on the operative register; and 8) the person has renounced the oath which he took to the Republic of Lithuania. The permit to work with the information which is considered a state secret shall be annulled by the subject of state secrets on his own initiative, notifying the National Security Department thereof, or on the motion of the National Security Department without suit. Annulment of the permit to work with the information which is considered a state secret or termination of labour relations shall not discharge the person from the obligations to keep for the period of time, established in Article 13, the information considered a state secret, which has been entrusted to him or obtained by him in the course of the performance of his duties, and from the liability for disclosure of such information. Article
  12. Ensuring of Protection of the Information which is Considered a State Secret The subjects of state secrets must organise and ensure the protection of the information which is considered a state secret in the manner prescribed by this Law. Article
  13. The Period of Classifying of the Information which is Considered a State Secret The information which is considered a state secret shall be classified as follows: 1) information classified "Secret" - for the period of 10 years; and 2) information classified "Top secret" - for the period of 30 years, and the information related with the secret participants of operative activities - for the period of 75 years. The period of classifying of the information shall be calculated beginning with the moment of signing of the document which contains the information considered a state secret, or with the moment of classifying of such information if the date of classifying is indicated additionally. If the period of classifying of certain information must be extended for the state security reasons, this issue shall be considered on the recommendation of a subject of state secrets or the State Security Department by the Government of the Republic of Lithuania which may extend the period of classifying up to 5 years. The number of extensions shall not be limited, however, the total period of classifying of the information may not exceed 80 years. Upon having classified the information, the subject of state secrets must once in every five years evaluate the expediency of classifying of the information and, if necessary, submit proposals to the Government of the Republic of Lithuania concerning revision of the list of state secrets. Article
  14. Storage and Keeping of Classified Documents Documents containing the information which is considered a state secret shall be stored, kept and destroyed in compliance with the general procedure, established by the Department of Lithuanian Archives and the State Security Department, for organising of record keeping, storing, keeping, registration of classified documents, as well as protection of the data of computerised secret information. Article
  15. Declassifying of the Information which is Considered a State Secret Upon expiration of the period of classifying, established in Article 13 of this Law or when the information which is considered a state secret loses secrecy prior to the expiration of the set period, this information shall be declassified and must become accessible to the general population. The information shall be declassified on the decision of the subject of state secrets who classified it, or the subject of state secrets who disposes of such information, upon co- ordinating it with the State Security Department. Article
  16. Supervision over the Protection of the Information which is Considered a State Secret In all institutions inside the country and in its diplomatic and consular missions abroad the protection of the information which is considered a state secret shall be supervised by the State Security Department which shall: 1) supervise how the procedure for classifying, use, storing and declassifying of the information which is considered a state secret is complied with; 2) submit proposals to the Government of the Republic of Lithuania concerning supplements and amendments of the list of state secrets, as well as improvement of the protection system of state secrets; and 3) conduct checking when the facts of loss or disclosure of the information which is considered a state secret are revealed. The State Security Department shall provide the methodological assistance concerning the protection of the information which is considered a state secret. Institutions of the Lithuanian State Archives System shall exercise supervision over registration, keeping and organising of record keeping of the documents containing the information which is considered a state secret. Article
  17. Person's Responsibilities and Restriction of his Rights A person must protect for the period of time established in Article 13 the information considered a state secret, which has been entrusted to him or obtained by him in the course of the performance of his duties. A person to whom the information classified "Top Secret" has been entrusted, cannot emigrate for the period of 5 years; classified "Secret" - for the period of 2 years beginning with the moment when he no longer holds office related with use and protection of the information which is considered a state secret, or he has been granted access to such information. Article
  18. Liability for Disclosure of the Information which is Considered a State Secret A person shall be liable in accordance with laws of the Republic of Lithuania for disclosure or loss of the information considered a state secret, which has been entrusted to him or obtained by him in the course of the performance of his duties. Article
  19. The Procedure for Implementation of the Law The procedure for implementation of this Law shall be established by the Resolution of the Seimas of the Republic of Lithuania "On the Implementation of the Law of the Republic of Lithuania on State Secrets and their Protection". Article
  20. Coming into Effect of the Law This Law shall come into effect on 1 March
  21. I promulgate this Law passed by the Seimas of the Republic of Lithuania. Algirdas Brazauskas President of the Republic Vilnius October 25, 1995 No. I - 1074

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