Publicly Non-releasable Information - Secrets as Social Legal Phenomenon
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Abstract
The restoration of independence in Lithuania created favourable conditions for freedom of behaviour and self-expression of participants of public relations, and this in its turn led to auspicious preconditions for development of publicly non-releasable information (secrets). Recently there is a tendency in Lithuania that often publicly non-releasable information (a secret) being of rather the same content is defined by different terms (names), which not only burdens investigation of crimes related directly to secrets, but also arises never-ending discussions that often lead to no concrete result, conditioning collapse of the whole system of secrets, if such has ever existed. On the one hand, such disorder in terminology of secrets has a negative impact on application of legal standards, causes legal nihilism and in cases, where there are not enough reasons to protect secrets, it creates preconditions to invent or create them. On the other hand, the State granting a person the right to have secrets of one kind or another has to ensure the proper protection of these secrets at the same time.
Such situation stipulates the necessity to study diversity of secrets prevailing in the legal acts, to understand and explain „secrets“ as social legal phenomena and to reveal features characteristic for separate groups of secrets.
In this article legal nature of secret is revealed, and methods of legal regulation for separate groups of secrets are analyzed.
Such situation stipulates the necessity to study diversity of secrets prevailing in the legal acts, to understand and explain „secrets“ as social legal phenomena and to reveal features characteristic for separate groups of secrets.
In this article legal nature of secret is revealed, and methods of legal regulation for separate groups of secrets are analyzed.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
