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Chapter II Classification and Declassification Authority
Article 7
The authority for original classification is prescribed as follows:
(1)Authority for original classification of information as Top Secret may be exercised personally on a document-by-document basis only by the following persons:
a. the President, the Prime Minister of the Executive Yuan or the Ministers authorized by the President or the Prime Minister of the Executive Yuan;
b. when our country is at war, a troops commander or an official authorized by the Minister who has a ranking higher than the lieutenant general.
(2)Authority for original classification of information as Secret may be exercised personally on a document-by-document basis only by the following persons:
a. all persons listed in the preceding subparagraph or any officials to whom such authority is delegated.
b. the Minister of the Legislative Yuan, the Minister of the Judicial Yuan, the Minister of the Examination Yuan, and the Minister of the Control Yuan.
c. the General Secretary of the National Security Council and the Director of the National Security Bureau.
d. the Minister of the National Defense, the Minister of the Foreign Affairs, the Commissioner of the Mainland Affairs Council of the Executive Yuan, or any officials to whom such authority is delegated.
e. when our country is at war, a troops commander or an official authorized by the Minister who has a ranking higher than the major general.
(3) Authority for original classification of information as Confidential may be exercised personally on a document-by-document basis only by the following persons:
a. all persons listed in the preceding two subparagraphs and any officials to whom such authority is delegated;
b. all department heads in the Central Government and the equivalent rank of agency heads of division, bureau and office;
c. the diplomatic agency heads in extraterritorial jurisdiction; any officials to whom such authority is delegated by the superior agency if there is no diplomatic agency heads in extraterritorial jurisdiction;
d. when our country is at war, a troops commander or an official authorized by the Minister who has a ranking higher than the lieutenant colonel.
If any person listed in the preceding three subparagraphs is unable to exercise his or her duty of original classification, the original classification authority will be exercise by his or her official representative.
Article 8
In making a classification, the original classification authority shall also evaluate the need to classify other relevant source materials and drafts of classified information as well.
Article 9
If information which are related to other agencies fall into one of the three classification designations, these relevant agencies shall be consulted before final classification.
Article 10
Classified information may be declassified or downgraded by the official who authorized the original classification or by the superior official based on his or her authority or upon application. Notice of declassification or downgrading shall be provided to the relevant agencies.
Any individual or group seeking to declassify or downgrade classified information by filing an application prescribed in the preceding paragraph is confined to those individuals or groups whose rights and legal interest are injured or likely to be injured resulting from the classification.
If an application submitted pursuant to the first paragraph of this Article is denied by the original classification authority, the applicant may petition for administrative relief pursuant to the Act.
Article 11
At the time of the original classification, each original classification authority shall set a date or event for automatic declassification.
The maximum classification period shall be no more than thirty years from the date of approval for Top Secret information, no more than twenty years from the date of approval for Secret information, and no more than ten years from the date of approval for Confidential information.
If it is necessary to prolong the classification or change the event of declassification, the original classification authority shall submit the matter to the superior agency for determination. The prolonged classification duration shall not exceed the original classification duration.
Classification can only be prolonged two times. Classified information shall be released and make available to the public within 30 years. If there is a special circumstance requiring information to be protected beyond 30 years, an approval of prolonged classification shall be obtained from the Legislative Yuan.
If it is necessary to extend or change the classification period or the conditions for declassification, the matter shall be submitted to the original approving agency or its superior agency for approval. The total of the original approval period and the extension period shall not exceed the maximum period specified in Paragraph 2. Classified information shall be released and made available to the public within thirty years. Under extraordinary circumstances, the Legislative Yuan may approve prolonged classification.
Article 12
Classified information involving national security intelligence sources or channels shall have a classification period of no more than thirty years from the date of approval. If the conditions for declassification are not met after thirty years, they shall be deemed to have been met when the period expires. However, if the original approving agency reviews and deems it necessary to continue the classification, it shall state the facts and reasons and submit the matter to the authorized personnel for approval in the original approving agency or its superior agency. Paragraphs 2, 4, and 5 of the preceding article and Article 22 of the Archives Act shall not apply.
The extension period prescribed in the preceding paragraph shall not exceed ten years at a time. If the classification period has exceeded sixty years from the date of the original approval, the extension shall be submitted to the authorized personnel for approval in the superior agency.
The authorized personnel in the original approving agency or its superior agency, as mentioned in the preceding 2 paragraphs, shall determine whether to approve within two months after receiving the submission. If the deadline is not met, the classification extension submission shall be deemed to have been rejected.