Prawnokarne aspekty nowej ustawy o ochronie informacji niejawnych

Abstract

The new law on protection of classifi ed information removed from the Polish legislation the defi nition of state secrets and off icial secrets. In their place, introduced the concept of classifi ed information, where the level of protection depends on the classifi cation given to them. This type of legal defi nitions are defi ned as evaluative and vague, which can lead to numerous irregularities. The more that the new law does not provide the appropriate mechanisms of control. The consequence of the accepted model of the protection of classifi ed information is a dependency of making a crime defi ned under Articles 265 and 266 of the Criminal Code from the fact whether the disclosed information had a confi dentiality clause.