Official secrets

The government creates, re-uses and receives information on a daily basis to carry out the functions of Parliament, the executive and judiciary. Some of this information can be construed as confidential, attracting protection from disclosure, such as:

  1. records of meetings—official records of opinions and information shared at internal meetings

  2. employee data—contact details, pay and benefits, performance and absence

  3. trade secrets—information divulged to government as part of procurement processes and consultation

  4. intelligence—on international and national affairs within the police and intelligence agencies

  5. patient records—within the NHS information on patients’ illnesses, treatment and check ups

Some information held by the government may damage national security if disclosed to the public and is therefore classified. This subtopic considers some of the key legal issues concerning confidential and classified information, focussing on the protection of official secrets.

Official secrets

The Official Secrets Acts (the Official Secrets Act 1911 and the Official Secrets Act 1989) protect government secrets which would damage national security if made available to the general public. Based on the principle that information which the government needs to collect, store, process, generate or

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