Wednesday05 February 2025
centralasiabusiness.com

A law on "State Secrets" has been enacted. What does it entail?

On December 27, 2024, the President of Uzbekistan, Shavkat Mirziyoyev, signed a new law titled "On State Secrets," which will come into effect on March 29, 2025.
Принят закон «О государственных секретах». Какие изменения он вносит?

The law aims to safeguard information whose disclosure could jeopardize the security, defense capabilities, economic and political interests of the country.

State secrets are classified as information that must remain confidential and is protected by the state. The authorized body designated is the State Security Service (SSS). It will be responsible for the protection and oversight of state secrets.

The law also imposes a strict ban on concealing information regarding violations of human rights and freedoms, as well as offenses committed by state bodies or officials. State secrets will be categorized into three levels of confidentiality: "Especially Important," "Top Secret," and "Secret."

Information classified as state secrets will be deemed secret from the moment the relevant decision is made. The duration of secrecy for state secrets is no less than 30 years, while for service secrets it is no more than 10 years.

In exceptional cases, the secrecy period for state secrets may be extended based on the conclusion of the relevant expert commission.

The law prohibits the classification of information regarding emergencies, environmental conditions, crime rates, and macroeconomic indicators.

Heads of organizations utilizing state secrets may classify information owned by individuals or organizations. In the event of forced seizure of this information by agreement or court decision, the owner must be compensated.

Citizens of Uzbekistan, foreign nationals, and stateless persons are granted access to state secrets based on permission from the SSS. Permission can be issued to individuals who are at least 18 years old, and in some cases, 16 years old.

Individuals granted access to state secrets are required to provide a written commitment not to disclose this information, agree to limitations on their rights, and give written consent for an SSS check.

Access to state secrets without a background check is granted to the president, prime minister, deputies and senators of the Legislative Chamber of the Oliy Majlis, judges, employees of the president's security service, and individuals appointed by the president.

Grounds for denying access to state secrets include an unexpunged criminal record, incapacity, actions threatening the security of Uzbekistan, and refusal to undergo a background check.

Individuals with access to state secrets may have their right to travel abroad restricted (only for citizens), their privacy during checks may be limited, and they may face restrictions on the use and dissemination of inventions containing state secrets.

After the expiration of access permissions to state secrets, restrictions on leaving Uzbekistan remain:

for information marked "Especially Important" - up to 3 years;

for information marked "Top Secret" - up to 2 years;

for information marked "Secret" - up to 1 year.

Uzbekistan is also committed to protecting confidential information provided by other states and international organizations in accordance with legislation and international agreements. Oversight of budget expenditures for the protection of state secrets is conducted by individuals with the appropriate permissions.