The main laws of espionage and classified information are out of date and in need of reform, the Law Commission has suggested.
The Commission has launched a consultation on the Official Secrets Acts, originally drafted pre-WWI in response to the threat from Germany, with the most recent Act in 1989, long before the digital era.
One issue is the need for the perpetrator’s conduct to benefit an “enemy”—this can have negative diplomatic consequences at trial, the Commission says. It suggests replacing the Acts with an Espionage Act that reflects the challenges of modern day.
Another issue is the need for the prosecution to prove the unauthorised disclosure did cause or risk harm. Again, the trial would add to the damage by publicly disclosing it.
The Commission also believes current penalties are too lenient and wants maximum sentences to reflect the seriousness of the conduct.
