Disclosure of Classified Information by a Public Official (Article 266 § 2 of the Penal Code)
The disclosure of classified information is one of the more serious offenses under Polish criminal law, especially when committed by a public official. Public officials, while performing their duties, have access to a wide range of sensitive data related to national security, social matters, public health, or state secrets. Disclosing this information without proper authorization can lead to serious legal consequences.
What is classified information?
Classified information is any information whose disclosure could endanger national security, defense, national interests, or other important values protected by law. This includes military, intelligence, technological, financial data, as well as information concerning individuals and institutions. Only authorized persons have the right to disclose such information under appropriate procedures.
Article 266 § 2 of the Penal Code – Disclosure of Classified Information by a Public Official
According to Article 266 § 2 of the Penal Code, a public official who discloses classified information faces a penalty of imprisonment from 6 months to 8 years. Under this provision, liability is incurred not only by someone who unlawfully discloses classified information but also in cases where the disclosure happens in connection with the performance of public duties.
When does the disclosure of classified information by a public official occur?
Disclosure of classified information occurs when a public official, who has access to such information due to their function or work, discloses it to unauthorized individuals or the public, without the consent of the authorized bodies. This may include:
- Disclosure to the media – A public official discloses data classified as state secrets or service-related, including information about the activities of state services, security matters, or public order protection.
- Sharing classified documents – A public official may disclose information contained in documents classified as secret or top secret.
- Failure to report or forgetting to protect information – Even accidental or unintentional disclosure of such information, such as during an irresponsible conversation, may also lead to liability.
Legal Consequences
The disclosure of classified information by a public official is a crime with serious consequences. The individual committing such an act may face:
- Imprisonment – According to Article 266 § 2 of the Penal Code, a public official who discloses classified information can be sentenced to imprisonment from 6 months to 8 years. The sentence depends on the nature and severity of the disclosed information.
- Disciplinary responsibility – In addition to criminal liability, a public official may also be subject to disciplinary responsibility, including dismissal from service or other administrative penalties.
- Civil liability – Depending on the consequences of the disclosure of classified information, the individual who committed such an act may be required to compensate for the damage, both financially and non-financially, if the disclosure harmed state interests, organizations, or citizens.
How to avoid liability for disclosing classified information?
To avoid liability for the disclosure of classified information, a public official should follow several key principles:
- Maintain confidentiality – Always remember the obligation to maintain confidentiality of information encountered during work. Disclosing it to unauthorized persons may lead to serious consequences.
- Caution in communication with individuals outside the institution – Avoid discussing classified information in public places, or in the presence of third parties who do not have the right to access such information.
- Training and awareness – Public officials should regularly participate in training on the protection of classified data and follow procedures regarding their processing.
Conclusion
Disclosure of classified information by a public official is a serious crime that can lead to severe legal consequences. Maintaining confidentiality of data and adhering to appropriate procedures for protecting information is crucial to ensuring national security and safeguarding public interests. Compliance with the provisions of Article 266 § 2 of the Penal Code is essential for maintaining public trust in state institutions and ensuring accountability in the performance of public duties.
Status as of: April 14, 2022
Cyberlaw by Judyta 