Last amended by National Security Act 2023 in 2023. 5 recorded amendment effects (legislation.gov.uk changes data).
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Official Secrets Act 1989 replaced the notorious 'catch-all' section 2 of the Official Secrets Act 1911, which had criminalised any unauthorised disclosure of official information. Instead it creates targeted offences for the unauthorised disclosure of information falling within defined protected categories: security and intelligence (s.1), defence (s.2), international relations (s.3), information useful to criminals or obtained through special investigation powers such as interception (s.4), information resulting from unauthorised disclosures or entrusted in confidence (s.5), and information entrusted in confidence to other states or international organisations (s.6). For most categories the disclosure must be 'damaging'; for members of the security and intelligence services, disclosure of any such information can be an offence. The Act provides no public-interest defence. The espionage provisions of the earlier Official Secrets Acts were overhauled by the National Security Act 2023, but the 1989 Act's disclosure offences remain in force.
Key Points
- Replaced the discredited 'catch-all' s.2 of the Official Secrets Act 1911 with category-specific offences
- Protected categories — security and intelligence (s.1), defence (s.2), international relations (s.3), crime and special investigation powers (s.4)
- Further offences for onward disclosure (s.5) and information entrusted in confidence to other states (s.6)
- For most categories the disclosure must be 'damaging'; for security/intelligence members, any disclosure can suffice (s.1)
- No public-interest defence; espionage now dealt with by the National Security Act 2023
Parts & Sections
Amendments History
2006 — Government of Wales Act 2006
6 recorded amendment effects, including Act (legislation.gov.uk changes data).
1998 — Government of Wales Act 1998
6 recorded amendment effects, including Act (legislation.gov.uk changes data).
2023 — National Security Act 2023
5 recorded amendment effects (legislation.gov.uk changes data).
1998 — Scotland Act 1998
4 recorded amendment effects, including Act (legislation.gov.uk changes data).
1998 — Northern Ireland Act 1998
2 recorded amendment effects (legislation.gov.uk changes data).
Frequently asked questions
- What types of information are protected under the Official Secrets Act 1989?
- The Act creates targeted offences for unauthorised disclosure of information in specific categories: security and intelligence, defence, international relations, and information useful to criminals or obtained through special investigation powers. It also covers information resulting from unauthorised disclosures or entrusted in confidence to other states. This replaced the broader 'catch-all' provision in the 1911 Act.
- Does the Act require that the disclosed information causes damage?
- For most protected categories, the unauthorised disclosure must be 'damaging' to constitute an offence. However, for members of the security and intelligence services, the disclosure of any such information can be an offence without needing to prove damage. This distinction applies specifically to those working within these services.
- Is there a public interest defence available under this Act?
- No, the Act provides no public-interest defence. This means that even if a person believes disclosing the information serves the public interest, they cannot use this as a legal defence against charges under the Act. The focus remains on whether the disclosure was unauthorised and falls within the protected categories.
- How does the National Security Act 2023 affect the Official Secrets Act 1989?
- The espionage provisions from earlier Official Secrets Acts were overhauled by the National Security Act 2023. However, the specific disclosure offences created by the 1989 Act remain in force. The 2023 Act handles espionage matters, while the 1989 Act continues to govern unauthorised disclosures of protected information.