| Guvnor

What this means for your business

7 obligations

7 penalties

7 can imprison

2 guides

Enforced by: IPO
Applies to: United Kingdom
On this page: 7 compliance obligations, 2 practical guides

Read full text on legislation.gov.uk

What you must do

7 compliance obligations under this legislation — 7 can result in imprisonment.

Offences and prohibitions 7

If your business receives information that was shared in confidence with a foreign government or an international body – for example defence, security or diplomatic material – and you then disclose it without lawful authority, you commit an offence. The offence only applies when the information is of the type described in the Act and the disclosure is likely to be damaging. Conviction can lead to a fine and/or imprisonment.

Any Person s.6 IPO

If your organisation is a Crown servant or a contractor for the government and you release confidential material about the United Kingdom’s relations with other states or international bodies without lawful permission, you commit a criminal offence. Conviction can lead to an unlimited fine and up to two years’ imprisonment.

Contractor s.3 IPO

If your business receives information that is classed as official, security, defence or international‑relations material and you disclose it without lawful authority – knowing (or having reasonable cause to believe) that it is protected – you commit a criminal offence. The offence also applies if the information came to you via an unauthorised disclosure that breaches the National Security Act 2023. Conviction can lead to a fine, imprisonment or both.

Any Person s.5 IPO

If you are a member of the security or intelligence services, a Crown servant, or a government contractor who has been formally notified that this provision applies to you, any unauthorised disclosure – even merely stating that you are revealing – of information, documents or other material relating to security or intelligence is a criminal offence. Conviction can lead to up to two years’ imprisonment and an unlimited fine.

Any Person s.1 IPO

If your business is a government contractor (or holds official documents on behalf of a Crown servant) and you keep a secret document after being told to return or destroy it, or you do not take reasonable steps to stop it being disclosed, you commit a criminal offence. A conviction can result in an unlimited fine and, in serious cases, up to two years’ imprisonment.

Contractor s.8 IPO

If you are a Crown servant or a company that supplies the government and you disclose defence‑related information without proper authority, and the disclosure is deemed damaging, you commit a criminal offence. Conviction can lead to a fine and/or imprisonment, with the exact penalties set elsewhere in the Official Secrets Act 1989.

Contractor s.2 IPO

If you are a Crown servant or a business that supplies the government and you share, publish or otherwise disclose information that you have accessed because of that role, without lawful authority, you commit an offence. A conviction can lead to criminal penalties, including a fine and/or imprisonment, although the exact maximum penalties are set elsewhere in the Act.

Contractor s.4 IPO