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Chapter Law Content

Chapter III Safeguarding
Article 13
All classified information shall be marked conspicuously to put users on notice of its current classification status and the date or event for declassification.
Article 14
Except the person who handles the information within his or her scope of official duty, classified information cannot only be known, possessed or used without a written authorization or approval from the original classification authority or its superior agency.
Article 15
Controls shall be established by each agency to ensure that classified information is used, processed, stored, reproduced, and transmitted only under conditions that will provide adequate protection and prevent access by unauthorized persons. When a emergency occurs or classified information is disclosed, the person handles the above-stated translawion shall immediately notify the agency official and properly protect classified information with necessary measures.
Classified information may not be destroyed pursuant to the Act without proper declassification.
Top Secret information may not be reproduced.
Article 16
When the only way to protect classified information is by means of destruction in case of emergency including war, riot or rebellion, the head of the possessing agency or its authorized official shall destroy such information and report to its superior agency.
Article 17
When different classified information are jointly used or processed, the more restrictive classification designation should be used.
Article 18
All reproduced classified information shall be marked conspicuously its classification status and the date or event for declassification as the original documents. Reproduced copies of classified documents shall be clearly marked and numbered. All original classified information shall be marked conspicuously to show the number of reproduced copies and the place of storage.
Reproduced copies of classified documents are subject to the same accountability and controls as the original documents in accordance with this Act.
Reproduced classified information which is no longer needed for use, shall be destroyed immediately.
Article 19
Controls shall be established by each agency to ensure that the storage place or area of classified information is accessed only under conditions that will provide adequate protection and prevent access by unauthorized persons with necessary measures.
Article 20
Agencies which originate or process classified information shall designate an official to conduct an lawive oversight program to ensure effective protection of classified information against unauthorized disclosure.
Article 21
An agency shall not use classified information without obtaining an approval from the original classification authority.
Article 22
The Legislative Yuan shall not provide or reply any classified information during legislative process unless such information is properly declassified. However, if the legislative process is conducted at the closed meeting or in camera, classified information involved may be provided for in camera inspection or replied in a designated place.
The rules governing the provision and reply referred to in the preceding paragraph shall be enacted by the Legislative Yuan.
Article 23
When classified information is provided, replied or stated in accordance with the provisions set forth in the preceding two Articles or other Acts, each classified document shall indicate clearly which portions are classified with the applicable classification designation.
Article 24
When classified information is provided, replied or stated by one agency to other agencies or their officials, it shall be restricted to the officials processing such information to know, possess, or to use the information.
When classified information is provided, replied or stated by the Control Yuan, all levels of courts, the Disciplinary Court, the prosecuting agencies and martial agencies to other agencies or their officials, a separate safeguarding rules shall be enacted pursuant to this Act respectively by the Control Yuan, the Judicial Yuan, the Department of Justice and the Department of National Defense, within six months after this Act is promulgated.
Article 25
Any legal proceeding accepted by the prosecution and the court shall not be adjudicated in public if classified information is involved.
The prosecutor or judge may, in accordance with his or her authority or upon motions, deny or restrict the scope of confrontation or examination if classified information is likely to be disclosed during the confrontation or examination process.
Article 26
To depart from this country, the following personnel shall be subject to the approval of the head of the (original) institution employing the personnel or the entrusted institution, or the authorized personnel of the head of the institution:
I. Personnel who may approve classified national security information.
II. Personnel engaged in handling classified national security information and related matters.
III. Personnel who were discharged from the duties as mentioned in the previous 2 sub-paragraphs or who have handled over classified national security information for less than 3 years.
The duration as mentioned in sub-paragraph III of the previous paragraph may be extended by the classified national security information approval institution where necessary. The period of extension shall not exceed 3 years and only one extension is permitted unless the situations as prescribed in Paragraph 1 in Article 12 are applicable.
The personnel listed in Paragraph 1 shall report to the (original) institution employing the personnel or the entrusted institution within seven working days after returning to Taiwan.