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 1996.
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