UK spying laws could result in overreach and real harm, says review

"Jonathan Hall KC, an independent reviewer appointed by the home secretary, said the 2023 law had to be monitored against misuse and overreach because it could extend into politics, journalism, protest and other day-to-day activity. It is unavoidable that national security legislation hoists a flag for police involvement in broad reaches of human endeavour, with the risk of damaging mistakes by investigators and unjustified suspicion being cast on lawful activity, Hall wrote in a report laid before parliament."

"Unless exceptionally well exercised, the UK's novel and wide-ranging powers will result in cases of real harm where an individual is wrongly arrested or investigated, however well-intentioned, he added. The National Security Act was introduced to reform Britain's outdated official secrets acts, the first of which dated back to 1911. Archaic language and certain strict conditions had come to make prosecutions in certain spy cases impossible, including that of Christopher Cash and Christopher Berry who were accused of spying for China."

"Counter-terrorism police are currently engaged in a National Security Act investigation after Sheffield Hallam University complied with demands from Beijing to halt research by Prof Laura Murphy about human rights abuses in China. Hall's warning is that the change in the law has the potential to go far in the other direction, and he listed a series of examples where legitimate activity could be classed as espionage under the new law. Police and prosecutors would have to exercise discretion in cases such as the potential impact of the new offence of foreign interference, which could affect foreign policy work by thinktanks and journalists, Hall said."

The National Security Act 2023 creates broadly defined espionage and foreign interference offences that risk extending into politics, journalism, protest, academic research and other routine activities. The wide definitions increase the likelihood of police involvement across many areas and raise the risk of damaging investigative mistakes, wrongful arrests, and unjustified suspicion of lawful conduct. The law replaced outdated Official Secrets Acts to address prosecutorial barriers, but its novel and wide-ranging powers may produce real harm if discretion is not exceptionally well exercised. Specific concerns include investigations linked to university research and possible impacts on thinktanks, journalists, and foreign-policy work.

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