Official Secrets Act

However, in its unrevised form (based on the UK Official Secrets Act 1911[1]), it can include all information held by government bodies.

OSAs are currently in-force in over 40 countries (mostly former British colonies) including Bangladesh, Kenya, Pakistan, Hong Kong, India, Ireland, Myanmar, Uganda, Malaysia, Singapore and the United Kingdom, and have previously existed in Canada and New Zealand.

In 1989, Stephen Joseph Ratkai was charged and convicted under the Act, of espionage in relation to the SOSUS network site at Naval Station Argentia in Newfoundland.

The certification of a document as an official secret is not subject to judicial review, and a violation of the act is punishable with between one and seven years' imprisonment.

[15] He highlights that the laws have been criticised for being outdated and not adequately addressing contemporary issues related to information technology and modern espionage.

According to Jarvis, the current framework allows the government to wield the OSA in a manner that can prevent politically embarrassing disclosures rather than purely safeguarding national security.

This has led to calls for reform, including recommendations from the Law Commission to modernise the Acts, introduce clearer language, and incorporate provisions that balance state security with transparency and public interest.

This new legislation aims to modernise the country's approach to safeguarding official data and combating espionage, reflecting the recommendations put forth by the Law Commission and other stakeholders.

It modernises the language and definitions used in previous Official Secrets Acts, making them relevant to current threats and technologies.

The Act expands the scope of espionage to include cyber threats and other modern tactics, ensuring comprehensive coverage of all potential security risks.

Additionally, the Act imposes stricter penalties for breaches of national security, reflecting the gravity of these offences in today's context.