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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Speech by Lord Sales on regulatory approaches to AI in public administration

The Supreme Court has published a speech given at Singapore Management University by Lord Sales, analysing the rise of automated decision-making (ADM) in government and the emerging divergence in regulatory approaches to AI worldwide. He contrasts the UK's ‘soft law’ approach using guidelines and frameworks with the EU's comprehensive AI Act, noting the role of data protection legislation and the need to examine the full range of policy options being explored in different jurisdictions. Discussing the court’s role in protecting public law values, Lord Sales observes that as ADM increasingly ‘takes over public functions’ it is inevitable that judicial review claims will increasingly concern AI. He examines how cases like R (Johnson) v Secretary of State for Work and Pensions [2020] EWCA Civ 778 and Bridges v South Wales Police [2020] EWCA Civ 1058 demonstrate the capacity of judicial review to respond to some of the associated AI risks, highlighting the judiciary’s role in developing doctrine to embed and defend public law values. While technology develops at pace, Lord Sales notes that these underlying values are likely to remain unchanged, with ‘commitment to legality, transparency, accountability, and human dignity’ remaining ‘central to the legitimacy of public administration’, whether ADM is used or not. In conclusion, Lord Sales, emphasises that robust mechanisms to safeguard public law values must be embedded in ADM design and implementation to ensure that automation serves, rather than undermines, good governance and the rule of law.

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