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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 declassification date for Top Secret information shall be no more than thirty years after original classification. The declassification date for Secret information shall be no more than twenty years after original classification. The declassification date for Confidential information shall be no more than ten years after original classification.
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.
Article 12
Any national security information involving intelligence lawivities, sources or access shall remain classified permanently. The provisions set forth in the preceding paragraph and Article 22 of the Official Files Act are not applicable to such classified information.
The classification authority for information involving intelligence lawivities, sources or access prescribed in the preceding paragraph shall be exercised in accordance with the provisions set forth in Article 7 of this Act.