Part I- Preliminary

Section 1- Title and effect

1. This Act shall be known as the Classified Information and Security Act, 2026.
2. This Act shall have effect immediately upon the Constitution of the Hokorian State coming into force.

Section 2- Interpretation

1. “Classified information” means information restricted under this Act.
2. “Classification” means the designation of information as restricted.
3. “Security interest” means national security, public safety or the effective functioning of government.
4. “Authorised person” means a person permitted to access classified information.
5. “Public body” has the same meaning as in the Freedom of Information and Data Protection Act, 2026.

Part II- Classification of Information

Section 3- Power to classify information

1. A public body may classify information where necessary to protect a security interest.
2. Classification must:
   • Be based on reasonable grounds,
   • Be necessary and proportionate,
   • Be recorded with reasons.

Section 4- Levels of classification

1. Information may be classified at different levels depending on sensitivity:
   • Restricted,
   • Confidential,
   • Secret.
2. The Government may define the meaning and use of each level.

Section 5- Duration and review

1. Classification shall not be indefinite.
2. Classified information must be reviewed periodically.
3. Information must be declassified where protection is no longer necessary.

Part III- Access and Use

Section 6- Access to classified information

1. Access shall be limited to authorised persons.
2. Access may be granted only where:
   • Necessary for a lawful function,
   • The person is suitable and authorised.

Section 7- Use and handling

1. Classified information shall be handled securely.
2. It shall not be disclosed or used except for lawful purposes.
3. Public bodies must establish safeguards to prevent misuse.

Section 8- Interaction with information rights

1. Information may be withheld from disclosure where it is properly classified.
2. Where possible, partial disclosure shall be provided.
3. A refusal based on classification must be justified and recorded.

Part IV- Oversight and Review

Section 9- Oversight by the Koru

1. The Koru shall oversee the use of classification under this Act.
2. The Koru may:
   • Review classifications,
   • Require reconsideration,
   • Direct declassification where appropriate.

Section 10- Review by the Court

1. A person affected by classification may apply to the Court.
2. The Court may:
   • Review the lawfulness of classification,
   • Order disclosure or modification where appropriate.

Part V- Offences

Section 11- Unlawful disclosure

1. A person commits an offence where they knowingly disclose classified information without authority.
2. Levels of severity:
   • Basic offence: limited or negligent disclosure,
   • Aggravated offence: deliberate or harmful disclosure.
3. Penalties:
   • Basic offence shall carry a minimum term of no penalty and a maximum term of 3 months,
   • Aggravated offence shall carry a minimum term of 3 months and a maximum term of 10 years.

Section 12- Unauthorised access

1. A person commits an offence where they intentionally access classified information without authorisation.
2. Penalties:
   • Maximum term of 5 years imprisonment.

Section 13- Improper classification

1. A public official commits an offence where they:
   • Knowingly classify information without lawful basis,
   • Use classification to conceal wrongdoing.
2. Levels of severity:
   • Basic offence: improper but limited misuse,
   • Aggravated offence: deliberate or repeated abuse.
3. Penalties:
   • Basic offence shall carry a minimum term of no penalty and a maximum term of 1 month,
   • Aggravated offence shall carry a minimum term of 1 month and a maximum term of 3 months.

Part VI- Safeguards

Section 14- Protection of rights

1. Classification must not be used to:
   • Avoid accountability,
   • Suppress lawful criticism or reporting,
   • Interfere with lawful rights unnecessarily.
2. Any restriction must be necessary and proportionate.

Section 15- Whistleblowing protection

1. A person shall not commit an offence under this Act where:
   • Disclosure is made to expose serious wrongdoing,
   • The disclosure is reasonable and in the public interest.
2. Such disclosures should be made to appropriate authorities where possible.

Part VII- Final Provisions

Section 16- Procedures

1. The Government may establish procedures for:
   • Classification and declassification,
   • Secure handling of information,
   • Authorisation of access.

Section 17- Interpretation and application

1. This Act shall be applied in a manner that balances security with transparency.
2. Any doubt shall be resolved in favour of lawful protection without unnecessary secrecy.