Official secrets Flashcards
(36 cards)
When the British government use methods to keep official information secret what must they ensure they balance it with?
Must be balanced against Article 10 (freedom of expression) as there will be people who feel it necessary to divulge certain information
What type of right is article 10?
Qualified right which under Article 10 (2) provides for legitimate reasons when the right can be interfered with by a public authority
“in the interests of national security, territorial integrity or public safety”
In the late 19th century how did the government urger secrecy from the members of the government departments?
Members threatened with dismissal
When was there a need for a more robust safeguard then simply being threatened with dismissal?
Charles Thomas Marvin who worked in the foreign office wrote articles for a newspaper and in one such article he told of The treaty of Berlin between Russia and UK ( a secret treaty) details which he had memorised. When trying to convict it was not possibly as he had not technically stolen anything, only memorised information
What Act made it an offence to wrongfully communicate information obtained as a result of being a civil servant?
Official Secrets Act 1889
Why was the Official secrets Act 1911 introduced?
The old OSA 1889 was not considered robust enough
What type of people was S.2 OSA 1911 aimed at?
Civil servants and other crown employees rather than “enemy agents”
Further OSA 1911 was passed in one afternoon and S.2 had received no debate at all.
Why was S.2 OSA 1911 deemed an unfair restriction on Article 10?
=law VERY broad
Strict lability criminal offence
Imposed a complete prohibition on the unauthorised disclosure of even trivial information, lacking any provision regarding the substance of the information. S.2 also criminalised the receiver of the information
=created a culture of obedience
Given the blanket ban of S.2 OSA 1911 why was there few prosecutions?
Created a culture of obedience and acceptance of secrecy within the civil service. However S.2 power began to be perceived as an unacceptable restraint in a more modern society, with a growing free press
State three cases which suggested that S.2 OSA 1911 lacked credibility
Aitken
MP charged under S.2 OSA 1911 after he had photocopied a report about the British Governments supply of weapons to Nigeria and sent a copy to the Sunday telegraph. In the end he was acquitted of this charge and the judge in the case highlighted the freedom of the press and that S.2 should be “pensioned off”
Tisdall
A Foreign office clerk send the Guardian photocopies of a document containing details when missile weapons would be arriving in the UK. She pleaded guilty under S.2 and sentenced to 6 months in prison. This case attracted a lot of adverse publicity for the government
Ponting
D gave Labour MP information which undermined the truth of conservative answers given about a sinking of a warship during the Falklands war. He was prosecuted under S.2 but the jury acquitted him.
What act replaced S.2 OSA 1911?
Officials secret act 1989
However in relation to espionage S.1 OSA 1911 is still in place
What does the Official secret act 1989 state?
Makes it an offence to disclose any information in relation to certain specific categories
1) Security and intelligence
2) Defence
3) International Relations
4) Crime
(it has narrowed the breadth of S.2 OSA 1911 so that trivial disclosures are not included)
What is S.1 Official Secrets Act 1989?
Security and Intelligence
means the work of, or in the support of, the security and intelligence services, or any part of them, including any information held or transmitted by those services or by persons in support of those services
=wide category as it is an offence for:
-Present and former members of the security and intelligence services
-People who have been notified in writing that the are subject to S.1 (1) OSA 1989
-Crown servants
-Government Contractors
…………… to disclose without lawful authority any official information about security and intelligence
How long is a person under S.1 Official Secrets Act 1989?
Lifelong duty to keep silent
For members of the security and intelligence services what is required of the disclosure under S.1?
No need to prove it was damaging therefore all information no matter how trivial is covered making this a fair stricter offence for those who directly work for M15 etc
For a member of the crown servants and government contractors what is required of the disclosure under S.1?
Need to prove that the disclosure was damaging
How is a disclosure deemed damaging under S.1?
1) damages the work, or any part of security or intelligence services
2) would likely cause damage
=The test for damage is therefore easy to satisfy, however trivial information would be hard to be considered damaging
What defence is there to a S.1 (Security and intelligence)?
If a person can prove that at the time of the alleged offence s/he did not know and had no reasonable cause to believe that the information, document, or article in question related to security or intelligence or in the case of an offence relating to crown servants and government contractors, that the disclosure would be damaging
What is S.2 OSA 1989?
Defence
=any information relating to:
- the organisation, operations, and training of the armed forces
-the weapons
-defence policy
-plans
Who is under a S.2 OSA 1989?
It is a criminal offence for present or former
Crown servants
Government contractors
………….to without lawful authority make a damaging disclosure in relation to defence
Under S.2 OSA 1989 when is a disclosure deemed damaging?
-damages the capability of the armed forces to carry our theirs tasks, or leads to loss of life or injury to members of those forces
-endangers the interest of the Uk aboard or the safety of a British citizen abroad
-would likely to have that effect
What defence is available to a S.2 OSA 1989?
If a person can prove at the time of the alleged offence they did not know and o reasonable cause to believe the information, document or article in question related to defence or that the disclosure would be damaging
What is S.3 of the OSA 1989?
=international relations
means the relations between international organisations or between one or more states and includes any matters relating to a state other than the United Kingdom
it is a criminal offence for present or former
-crown servants
-government contractors
……… to without lawful authority make damaging disclosures in relation to international relations
Under S.3 OSA 1989 when is a disclosure deemed damaging?
-endangers the interests of the Uk abroad or the safety of British citizens abroad
-would be likely to have that effect
