ABSTRACT
This chapter considers both the value and the inadequacies of Sagar’s five criteria for assessing whether the disclosure of classified information is justifiable. In doing so it highlights the importance of a broad understanding of the term “wrongdoing by the state”, one which extends well beyond mere illegality. The chapter concludes by proposing a three-pronged approach to using legal reform to achieve business process re-engineering in the world of information leaks relevant to national security. This provides the opportunity to create a universally applicable framework for assessing such information leaks by including newly articulated legal principles which would need to be entrenched within national law and be applied by a specially designated and/or established court considering evidence which may inter alia also be presented or confirmed by an independent oversight authority.
