ABSTRACT
Under section 1 of the 1989 Act, any person who is, or has been, a member of the Security and Intelligence Services, and any other person who is informed that the provision of the Act applies to him, is guilty of an offence if ‘without lawful authority’ he discloses ‘any information, document or other article related to security or intelligence’. The offence is committed irrespective of whether or not the disclosure is damaging. A person who is, or has been, a Crown servant or government contractor will be guilty of an offence if he makes a ‘damaging disclosure of any information, document or other article relating to security or intelligence’. In R v Shayler (2001), the House of Lords ruled that a former member of the Security Services was not entitled to rely on the defence that the disclosure was made in the public or national interest. There was no contravention of Article 10 of the European Convention through the restriction of members and former members of the security forces disclosing information.78
