FANDOM


The Security of Intelligence Act of 2010 is a controversial law in the Kingdom of Washingtonia which declares whistle blowing illegal. Furthermore, it sets out the procedure in which the Minister of National Intelligence, the Minister of Justice and the Minister of Defense can declare certain information "secret", thus making the divulging thereof an offense. The Act was passed along with two other controversial internal security acts after the Constitutional Court found in favor of the Ministers of National Intelligence and Defense in the equally controversial FIS case in 2009. The Court ordered that the Grand Washingtonian Assembly intervene and more clearly define the scope of government restriction of information. The other two laws are the Access to Certain Sensitive Information Act of 2010 (ACSI) and the Prohibition on Certain Speech Act of 2010 (PCS).

Overview

Notable provisions

  • Section 1: Definitions
    • 'Minister' for the purposes of this Act is defined as either the Minister of National Intelligence (and Security), the Minister of Justice, or the Minister of Defense, or any official acting in their stead or by their delegation of power.
    • 'Ministry' for the purposes of this Act is defined as either the Ministry of National Intelligence (and Security), the Ministry of Justice, or the Ministry of Defense.
  • Section 2: Restriction of information
    • A: The Minister may restrict or prohibit the disclosure, use, possession, control, publication or obtainment of any document, article, code, password, data, or information(s) relating to
      • (i) any military, defense or security matter;
      • (ii) any sensitive official, government or state person regarded as of crucial importance to national security or defense, or the combating or prevention of terrorism, foreign foes or hostiles;
      • (iii) any sensitive official, government or state location regarded as of crucial importance to national security or defense, or the combating or prevention of terrorism, foreign foes or hostiles;
      • (iv) any sensitive official, government or state item regarded as of crucial importance to national security or defense, or the combating or prevention of terrorism, foreign foes or hostiles;
        as determined as such by the Minister.
    • B: Any person who is in possession or control of a document, article, code, password, data or information(s) relating to 2(a) by way of mistake or bona fide error must immediately, absolutely without any delay, report the event and transfer control or possession of such document, article, code, password, data or information(s) to an authorized organization under the Ministry.
    • C: Any person who is in possession or control of a document, article, code, password, data or information(s) relating to 2(a) with knowledge or who must reasonably know that such document, article, code, password, data or information(s) may not be in said person's possession or control is guilty of an offense in terms of this Act.
    • D: Any person who knows, reasonably should know or ought to know in his everyday business of any other person or entity that is in possession of a document, article, code, password, data or information(s) relating to 2(a) must immediately or reasonably without delay report aforementioned to an authorized organization under the Ministry.
    • E: Failure to report 2(d) results in being guilty of an offense in terms of this Act.
  • Section 3: Possession of restricted information
    • A: Any person who is in possession or control of a document, article, code, password, data or information(s) relating to 2(a) and who willfully, with knowledge who must reasonably know that such document, article, code, password, data or information(s) may not be in said person's possession or control, discloses, uses, publicizes or divulges such document, article, code, password, data, information(s) or related matter is guilty of an offense in terms of this Act.
    • B: Any person is knows, reasonably should know or ought to know in his every business of the impending, imminent or future disclosure, use or publication of a document, article, code, password, data or information(s) by any other person or entity must immediately, absolutely without delay, report aforementioned to an authorized organization under the Ministry.

See also

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