Article 3 of the Saudi Classified Information Penal Law
المادة 3 من نظام عقوبات نشر الوثائق والمعلومات السرية وإفشائها
Article 3 specifies the categories treated as public employees in applying this Law, including those working for the State, those assigned a task, public utility company staff, and an appointed arbitrator or expert.
Official text (Arabic)
This article has not been amended since the law was issued.
يعد في حكم الموظف العام في تطبيق أحكام هذا النظام:
1 - من يعمل لدى الدولة أو لدى أحد الأجهزة ذات الشخصية المعنوية العامة، سواء أكان يعمل بصفة دائمة أو مؤقتة.
2 - من تكلفه جهة حكومية أو أي سلطة إدارية أخرى بأداء مهمة معينة.
3 - من يعمل لدى الشركات أو المؤسسات الفردية، التي تقوم بإدارة المرافق العامة أو تشغيلها أو صيانتها، أو تقوم بمباشرة خدمة عامة، وكذلك من يعمل لدى الشركات التي تساهم الدولة في رأس مالها.
4 - المحكِّم أو الخبير الذي تعيّنه الحكومة أو أي هيئة لها اختصاص قضائي.
5- رؤساء مجالس إدارات الشركات المنصوص عليها في الفقرة (3) من هذه المادة وأعضاؤها.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 3 explained in plain English
The prohibition in Article 2 is directed to the "public employee or person treated as one", and this article widens the circle of those this description covers, so that the following categories are treated as public employees in applying the provisions of this Law:
- Anyone working for the State or for one of the bodies with public legal personality, whether working permanently or temporarily.
- Anyone a government body or any other administrative authority assigns to perform a particular task, even if he is not its employee.
- Anyone working for companies or sole proprietorships that manage, operate or maintain public utilities, or carry out a public service, and likewise anyone working for companies in whose capital the State participates.
- An arbitrator or expert appointed by the Government or by any body with judicial competence.
- Chairmen of the boards of directors of the companies provided for in paragraph 3 and their members.
In practice this means that a private sector employee may be subject to the provisions of this Law if he works for one of the bodies mentioned in paragraph 3, and likewise a consultant or contractor whom a government body assigns a task.
The definition is limited by the phrase "in applying the provisions of this Law", meaning that it is for the purposes of this Law.
To assess a particular situation, it is advisable to consult a lawyer specializing in criminal matters.
Practical example
Sami works as an engineer at a private company in Jeddah that operates and maintains a public utility. Although he is not a government employee, he is treated as a public employee in applying this Law under paragraph 3, so the prohibition on publishing classified documents set by Article 2 applies to him.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 3 of the Saudi Classified Information Penal Law
Is a private company employee treated as a public employee?
Yes, if he works for a company or sole proprietorship that manages, operates or maintains a public utility or carries out a public service, or for a company in whose capital the State participates.
Does the Law cover temporary employees?
Yes. Paragraph 1 covers anyone working for the State or for bodies with public legal personality, whether permanently or temporarily.
Is an arbitrator or expert subject to this Law?
Yes, if he is appointed by the Government or any body with judicial competence, he is treated as a public employee in applying its provisions.
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The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.