Official secrets

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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ICO publishes letter on progress against economic growth commitments and work planned for 2026

The Information Commissioner’s Office (ICO) has published a letter to the Prime Minister, the Chancellor of the Exchequer, and the Secretary of State for Business and Trade setting out a one-year update on its five economic growth commitments made in January 2025. These commitments are to: (1) give businesses regulatory certainty on artificial intelligence (AI); (2) cut costs for small and medium-sized enterprises (SMEs); (3) enable greater innovation through its Regulatory Sandbox and Innovation Advice services; (4) unlock privacy-preserving online advertising; and (5) make it quicker and easier to transfer data internationally. The letter confirms that the ICO is working with the government on legislation to introduce a statutory code of practice on AI and automated decision-making, and that its expanded data essentials platform for SMEs is due to launch in spring 2026. It also states that the ICO has secured funding to design an experimentation regime to support the testing of emerging technologies, with research findings due by mid-February 2026. In addition, the ICO says it is assessing low-risk online advertising activities that could operate without consent under the Privacy and Electronic Communications Regulations (PECR) and will provide evidence to the government in the spring. The letter also highlights that the ICO published updated guidance on international data transfers in January 2026, aimed at simplifying requirements and supporting cross-border data flows, which underpin around 40% of UK exports. The ICO adds that it will continue to issue further guidance and improve regulatory clarity throughout 2026.

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