Official secrets

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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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Latest Information Law News

ICO publishes framework for handling data protection complaints

The Information Commissioner's Office (ICO) has published guidance detailing its approach to handling data protection complaints, including the criteria used to determine the extent of investigations. The framework introduces a triage system that prioritises complaints involving high levels of harm, vulnerable individuals, or strategic priorities. Additionally, the ICO is developing a threshold system that could trigger intervention for organisations receiving multiple complaints over a specified period, although the exact details of these thresholds have not yet been disclosed.

Commission launches consultation to revise the EU Cybersecurity Act and strengthen the EU cybersecurity framework

The European Commission launched a call for evidence to support the preparation of a legislative proposal to revise the EU Cybersecurity Act. The initiative aims to strengthen EU cyber resilience, update the mandate of the EU Agency for Cybersecurity (ENISA) and improve the effectiveness of the European Cybersecurity Certification Framework. The Commission noted that the cybersecurity landscape has become significantly more complex and threat‑intensive since the Act’s adoption in 2019, while subsequent EU legislation has expanded ENISA’s tasks beyond its original mandate, creating the need to streamline, simplify and supplement the existing framework to ensure coherence, reduce administrative burdens and improve implementation for businesses and users. The initiative focuses on measures to support a secure and resilient Information and Communication Technology supply chain and the EU cybersecurity industrial base, addresses shortcomings in the certification framework such as slow adoption, unclear roles, limited agility and insufficient clarity on covered risks, including non‑technical factors, and considers alignment with newer instruments such as the Cyber Resilience Act. The Commission outlined policy options ranging from non‑legislative measures to targeted or comprehensive regulatory revision, stating that EU‑level action is required to prevent internal market fragmentation and to secure long‑term economic and social benefits through greater harmonisation, stronger cybersecurity and resilience, more efficient incident response and enhanced protection of fundamental rights, including personal data. The call for evidence will run until 20 June 2025.

ICO updates data protection by design guidance following DUAA commencement

The Information Commissioner’s Office (ICO) has published its updated guidance on data protection by design and by default alongside the commencement of key Data (Use and Access) Act 2025 (DUAA 2025) provisions. The guidance clarifies that organisations must build data protection considerations into the design and operation of systems, services, products, and processes, ensuring that only the minimum necessary personal information is collected, used, stored, and accessed for each defined purpose. It explains the need for appropriate technical and organisational measures, including robust security controls, clear retention practices, strong default privacy settings, and regular assessment of risks through data protection impact assessments.

Information Law weekly highlights—5 February 2026

Welcome to this week’s edition of the Information Law weekly highlights: a hand-picked summary of news analysis, updates and new content related to laws governing the use and dissemination of information and personal data. Each week these highlights focus on developments in key topics such as data protection, ePrivacy, cybersecurity, breach of confidence, misuse of private information, and defamation.

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