The paper discusses issues related to the criminalization of violations of diplomatic secrecy in Polish law, as provided for in Article 7(12) of the Foreign Service Act of January 21, 2021. Diplomatic secret should be viewed as information that is subject to protection under Article 266 § 1 of Polish Criminal Code. If information that constitutes a diplomatic secret is marked with a classification griffin within the meaning of Article 5 of the Law of August 5, 2010 on the Protection of Classified Information, its criminal law protection
takes place on the basis of Article 265 § 1 or on the basis of Article 266 § 2 of the Criminal Code. If information is assigned a “restricted” or “confidential” classification, its disclosure to an unauthorized person is a crime under Article 266 § 2 of the CC. On the other hand, if information is assigned the “top secret” or “secret” clause, its disclosure or use in violation of the law is criminalized under Article 265 § 1 of the CC.