Penalties for publishing confidential official documents

Penalties for publishing confidential official documents

In light of the accelerating digital transformation and the increasing circulation of information across various platforms, protecting confidential documents and information has become a top priority in the Kingdom of Saudi Arabia. Disclosing or publishing this information may result in legal responsibilities and severe penalties.

Hence, the system of penalties for publishing and disclosing confidential documents and information sets a firm framework aimed at enhancing the protection of public interests, maintaining the confidentiality of official data, and preventing any illegal use that may harm the security of the state or its public interests.

What is meant by confidential documents and information?

Article 1 of the system defines confidential documents as containers of all types that contain confidential information, the disclosure of which would harm the state’s national security, interests, policies, or rights.

Examples of secret documents include documents of military plans or quantities and locations of weapons.

Confidential information refers to any information an employee obtains, the disclosure of which would harm the country’s national security.

Who is the public employee to whom the provisions of the Penal Code for Publishing and Disclosing Confidential Documents and Information apply?

It is prohibited for any public employee or anyone similar to him to publish confidential official documents or disclose any confidential information that he obtained or knew by virtue of his job, even after the end of his service.

According to Article 3 of the system, a public employee is considered to be:

• He works for the state or for agencies with a public legal personality, whether the work is permanent or temporary.
• Who is assigned by a government agency or any administrative authority to perform a specific task.
• Works for individual companies or organizations that manage, operate, or maintain public facilities.
• He works for companies in which the state contributes capital.
• Chairmen of the aforementioned company councils.
• The arbitrator or expert appointed by the government or any body with judicial jurisdiction.

What are the controls for removing confidential documents from government agencies?

What are the controls for removing confidential documents from government agencies?

It is prohibited to remove confidential documents from government agencies, exchange them, or keep them in places other than those designated for their preservation.

 It is also prohibited to print, copy or photograph it outside government agencies except in accordance with the following controls:

• Submit an official confidential request addressed by a body competent to address a matter related to the confidential document, stating the reason for the request and signed by the competent authority.
• It is sufficient to provide the authority with a certified copy of the confidential document only, unless it is necessary to provide the original. The reason must be explained and a copy of this document must be kept in the subject file.
• Information about the secret document is recorded in the secret documents register of the government agency and the subject file.
• The confidential document to be sent must be placed inside a sealed container.
• Receive the required confidential document to the party that requested it, pursuant to a delivery statement stating:
  • Number of documents.
  • Number and date of each document.
  • Name and signature of the recipient and recipient.
  • Delivery date and time.
• It is prohibited to provide a copy of the confidential document via any electronic means of communication except when necessary and via secure and encrypted transmitters.

What measures does a government agency take when a confidential document is lost or confidential information is disclosed?

Article 3 of the Regulations of the Penal Code for Publishing and Disclosing Confidential Documents and Information clarifies the necessary measures that the government agency must take when a confidential document is lost or leaked or confidential information is disclosed, including:

• Writing a report on the incident, including:
  • The day, date and time of its discovery.
  • Information about it.
  • Any other explanatory information.
• Notify the competent investigating authority within 24 hours of writing the report.

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What are the penalties for violating the provisions of the Penal Code for publishing and disclosing confidential documents and information?

Articles 5 and 6 of the Penal Code for Publishing and Disclosing Confidential Documents and Information stipulate that anyone who:

• Publish or disclose confidential documents or information.
• Entering or attempting to enter any place or location that he is not authorized to enter with the intention of obtaining confidential documents or information.
• Obtaining confidential documents or information by any illegal means.
• Possession or knowledge, by virtue of his position, of confidential official documents or information, which he disclosed, reported, or published without a legitimate reason authorized by law.
• Intentionally destroying or misusing secret documents, knowing by the perpetrator that they relate to state security, with the intention of harming the state’s military, political, diplomatic, economic, or social position.
• Failure to maintain the confidentiality of information and documents.
• Participate in, incite, agree to, or assist in committing any of these crimes with knowledge of this.

Cases of increased punishment

Cases of increased punishment

The penalty shall be increased in the cases mentioned in Article 7 of the system, which are:

• If the crime was committed in wartime.
• If the crime was committed for the benefit of a foreign country.
• If the document or information is important and of a high degree of confidentiality.
• If the harm caused to the state due to the disclosure of the confidential document or information is serious.
• If the crime was committed with the intent to harm the state.
• If the crime was committed by someone holding a secret job.
• If the crime is committed by a person holding a senior position.

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