Classified information in Russia

In the Russian Federation, a state secret (Russian: Государственная тайна; Gosudarstvennaya Tayna), according to the definition adopted in the Official Secrets Act of the Russian Federation, is information protected by the state on its military, foreign policy, economic, intelligence, counterintelligence, operational and investigative and other activities, dissemination of which could harm state security.

Protection of State Secrets in the Russian Federation

Legislation of the Russian Federation on State Secrets was based on the Constitution of the Russian Federation, Federal Law "On Security" and "On State Secrets". The list of information constituting state secrets shall be determined by federal law "On State Secrets" (Section II), under which inter-ministerial Commission for the Protection of State Secrets generates a list of information classified as state secrets. It is by discretion that such information by the state imposes restrictions when created or through standardized procedures to protect such information.

Public authorities, whose leaders have the authority to designate information as state secrets, develop, within their competence, detailed lists of information to be classified. Guided by these lists, originators determine the degree of secrecy of information, establish the secrecy of documents developed by them (carriers) and their restrictive measures.

Under the law "On State Secrets" it is forbidden to designate as state secrets and classify information on or about:

• emergencies and disasters that threaten the safety and health of citizens, and their consequences, as well as natural disasters, their official forecasts and consequences;
• state environment, health, sanitation, demography, education, culture, agriculture, and the state of crime;
• privileges, compensations and social safeguards provided by the state to citizens, officials, enterprises, institutions and organizations;
• about violations of human rights and freedoms of man and citizen;
• the amount of gold reserves and government foreign exchange reserves of the Russian Federation;
• the health status of senior officials of the Russian Federation;
• any violations of law by public authorities and their officials.

For most of the 20th century, classification in Russia included topographic maps that are fully unclassified in most other countries. After the collapse of the Soviet Union, maps of scale 1:100,000 and less were declassified, but larger scale maps were still considered a state secret.^[1] This caused a number of problems for GIS and navigation software makers, and many foreign tourists relied on war time maps prepared by the Germans (e.g. Caucasus area). Around 2010, the declassification process for maps of larger scale (up to 1:50,000) was started.^[2]

Levels of secrecy

Levels of secrecy of documents in the USSR, and still in Russian Federation, from maximum to minimum are:

• ОВ (Совершенно секретно/особой важности or simply Особой важности) en.:Particularly Important, equivalent in US:^[3] TOP SECRET
• СС (Совершенно секретно) en.:Completely Secret, equivalent in US:^[3] SECRET
• С (Секретно) en.:Secret, equivalent in US:^[3] CONFIDENTIAL

Limited access (potentially sensitive), but unclassified information

• ДСП (Для служебного пользования) en.: For Official Use Only, equivalent in US: FOR OFFICIAL USE ONLY (FOUO) or RESTRICTED

ДСП do not belong to the state secret.

Classified documents with special contents are marked:

• Особая папка en.: Special Folder, no equivalent in US
• Литер "К" (used for mobilization documents), en.: Type K, no equivalent in US
• Лично en.: Personal, equivalent in US: PERSONAL

The degree of secrecy of information constituting state secrets, is based upon severity of damage, which may be caused by the public spread of said information. Using secrecy levels for classifying information that is not classified as state secrets is not allowed.

Declassification of information

The grounds for the declassification of information classified as state secrets (i.e. removal of restrictions on their distribution) are:

• compliance with the Russian Federation's international obligations under the open exchange of information constituting a state secret of the Russian Federation;
• change of objective circumstances, which result in further protection of information constituting a state secret being inappropriate.

The term of classification of information constituting state secrets, shall not exceed 30 years. In exceptional cases this period may be extended at the conclusion of the interdepartmental commission on protecting state secrets.

Limitations

Persons with access to information designated "Top Secret" or "special importance", may be limited in their constitutional rights. Such restrictions may be placed only on an individual basis (not broadly) by the state security organs (i.e. SVR, FSB, etc.) and require a specific conclusion about the individual's awareness of information constituting a state secrets.

Russian officials with access to state secrets of the Russian Federation

The following is a list of positions, the persons of which are deemed privy to state secrets approved by Decree of the President of the Russian Federation on January 15, 2010 No. 24-rp. By Decree of the President of the Russian Federation of May 20, 2024 No. 429, the people in these positions are required to give prior notice to the Federal Security Service (FSB) and Foreign Intelligence Service (SVR) before departing the Russian Federation, except for officials who are subject to the state protection according to article 8 of the Federal Law of May 27, 1996 No. 57-FZ

1. Prime Minister of Russia
2. Attorney General of the Russian Federation
3. Head of Presidential Administration
4. Secretary of Russian Security Council
5. First Deputy Prime Minister
6. Deputy Prime Minister
7. Deputy Prime Minister – Minister of Finance of the Russian Federation
8. Deputy Prime Minister – Chief of Staff of the Russian Federation
9. First Deputy Prosecutor General of the Russian Federation – Chairman of the Investigative Committee of the Procuracy of the Russian Federation
10. Federal Minister
11. Chairman of the Central Election Commission of the Russian Federation
12. Chairman of the Accounting Chamber of Russian Federation
13. Chairman of the Central Bank of Russian Federation
14. President of the Russian Academy of Sciences
15. Head (Director) of the Federal Security Service (FSB)
16. Head (Director) of the federal agency
17. Senior official (head of the supreme executive organ of state power) of the Russian Federation
18. Commissioner for Human Rights in the Russian Federation
19. Head of organization with in accordance with federal law the authority to exercise on behalf of the Russian Federation government in the specified area of activity

Officials with the right information, to designate state secrets to the Russian Federation

Notes

References

• N. Stolyarov, "Organization of protection of state secrets in Russia" (Н. В. Столяров «Организация защиты государственной тайны в России»)
• Questions of a fair trial in criminal cases concerning espionage or divulging state secrets, the report of PACE, 2007 (Вопросы справедливого судебного разбирательства в уголовных делах о шпионаже или разглашении государственной тайны, доклад ПАСЕ, 2007)