National Security Act 2023

Podsumowanie

The National Security Act 2023 is the most significant reform of the UK's espionage and state threats law since the Official Secrets Acts of 1911-1989. It replaces the core espionage offences of those Acts with modern replacements better suited to contemporary state-sponsored threats from Russia, China, Iran, and other actors. The Act creates a suite of offences targeting individuals who obtain, disclose, or use protected information for the benefit of a foreign power (Part 1), as well as sabotage, foreign interference in UK democracy, and assisting foreign intelligence services. Part 2 introduces State Threats Prevention and Investigation Measures (STPIMs) — restrictions similar to terrorism prevention and investigation measures (TPIMs) imposable on individuals for whom there is reasonable suspicion of state threats activity but insufficient evidence to prosecute. Part 4 establishes the Foreign Influence Registration Scheme (FIRS), requiring those who carry out political influence activities at the direction of a foreign power to register with the Home Secretary. Failure to register is a criminal offence. The Act applies across the UK. It received Royal Assent on 11 July 2023. Parts of the Act (including FIRS) came into force on 20 January 2025.

Kluczowe punkty

• Section 1: offence of obtaining or disclosing protected information — intentionally obtaining or disclosing information that is potentially useful to a foreign power for a purpose that the person knows or ought to know is prejudicial to the safety or interests of the UK; maximum life imprisonment on indictment
• Section 3: offence of assisting a foreign intelligence service — providing any kind of support to a foreign intelligence service, knowing or suspecting that the service is a foreign intelligence service; maximum 14 years
• Section 12: sabotage offence — damaging, destroying, or otherwise interfering with property or computer systems for a purpose that the person knows or ought to know is prejudicial to the safety or interests of the UK; maximum life imprisonment
• Section 13: foreign interference offence — carrying out or assisting conduct capable of affecting an electoral process or political decision-making in the UK, intending to interfere in that process, at the direction or for the benefit of a foreign power; maximum 14 years
• Part 2 (ss.39-62): State Threats Prevention and Investigation Measures (STPIMs) — the Home Secretary may impose STPIMs on individuals where the Secretary of State reasonably believes the individual is involved in state threats activity and the measure is necessary; requires court permission
• Part 4: Foreign Influence Registration Scheme (FIRS) — persons who carry out 'political influence activities' at the direction of a foreign government (or entities controlled by one) must register with the Home Secretary; failure to register or provision of false information is a criminal offence; in force from January 2025

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