2. Notwithstanding other restrictions explicitly set forth in specific legislation, the restrictions
referred to above shall apply in the following cases:
a) state secret;
b) judicial secrecy;
c) information held by government, received in confidence, from other states or international
organizations;
d) professional secrecy;
e) banking secrecy, except in cases where specific legislation allows access;
f) personal data in electronic files held by public or private authorities;
g) in the context of special measures for protection of victims, whistleblowers and
witnesses;
h) information on the private life and privacy of citizens;
i) trade or industrial secrets;
j) secrets relating to literary, artistic or scientific works;
k) information relating to criminal proceedings, disciplinary hearings or other actions, where
disclosure could prejudice ongoing investigations and other constitutionally enshrined
principles;
l) scientific or technological research and development projects or final reports of research
projects whose secrecy is essential to the security of society and the State.
Article 21
(State Secrets)
1. For the purposes of the present Act, a state secret refers to data, information, materials and
documents, regardless of their form, character and mode of transmission, which have been
assigned a degree of security classification necessitating protection from unauthorized
disclosure, and which if disclosed to unauthorized persons would be likely to jeopardize or
compromise national independence, unity, integrity of the state as well as internal and external
security.
2 Subject to the conditionalities cited above, the following data, information, documents or
materials may be considered as meeting the criteria of state secret:
a) that which is transmitted on a confidential basis by other States or international
organizations;
b) that which safeguards the rights, freedoms and guarantees of citizens;
c) that which is intended to protect and ensure the operationalisation and safety of
Defense and Security staff, equipment, material and facilities;
d) that which may facilitate crimes against the State Security apparatus;
e) that which by virtue of its commercial, industrial, environmental, scientific, technical,
monetary, financial or economic nature may be relevant to safeguarding national
sovereignty or the pursuit of that objective.
6
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