Above, the Round Tower of Windsor Castle.
In 1982, Clive Ponting (https://en.wikipedia.org/wiki/Clive_Ponting) was acquitted of a charge of Contravening Section 2 of the Official Secrets Act.
In 1984, Sarah Tisdall (https://en.wikipedia.org/wiki/Sarah_Tisdall) pleaded guilty to the same charge (different case) and was sentenced to 6 months (served 4).
During the same period I too was subject to the provisions of the Official Secrets Act working as I did in the defence related commercial and industrial sector of the UK.
A large about of data/information that is covered by the OSA is released after 30 years.
However: Certain data and information is kept secret for far longer and some will NEVER be published.
The provisions of the Freedom of Information Act are avoided by governments by the act of gifting any record they wish to keep permanently secret to the Royal Archives. These become the property of the Sovereign and are under their direct authority and control. As such, technically, they are no longer covered by the OSA. However criminal sanctions against disclosure can be effected by use of High Court Injunctions (which are kept secret so even their existence is withheld from “the press”), breach of which will be Contempt of Court, the consequences of which were experienced of late by a certain Stephen Yaxley-Lennon AKA Tommy Robinson (https://en.wikipedia.org/wiki/Tommy_Robinson)!
In the UK, you do not get a jury trial for a breach of injunction; it’s a civil contempt of court proceeding dealt with in the civil courts, where a judge decides the outcome and potential punishment, which can include fines or imprisonment.
Access to the Royal Archives are granted from time to time to those submitting requests. They are invariably academic researchers and access is strictly controlled.
Today as we near the Autumn/the Fall (https://weather.metoffice.gov.uk/learn-about/weather/seasons/autumn/when-does-autumn-start) at the end of the first quarter of the 21st Century, we who reside in the UK should be aware that there is an awful lot that the “powers that be” DO NOT disclose to the General Public!
I make specific mention of the two aforementioned unfortunate individuals because the “powers that be” (the politicians, the military and the civil servants) were exasperated by Clive Ponting’s acquittal and were relieved when Sarah Tisdall pleaded guilty.
To the “powers that be” these two cases demonstrated a particular fear the “powers that be” have – that the OSA’s draconian provisions might not be applied to a person who has clearly violated them because a jury consider the breach in the public interest and therefore acquit the defendant – to the fury of the presiding judge!
As a result, certain data and secrets that the “powers that be” want kept secret but fear that no jury would convict the defendant due to the nature of the data/information.
Allow me to cite an example that applies to me: Although never having served in the Royal Navy, I was one of a small number of civilians aboard certain nuclear submarines undertaking their test dive before formal commissioning – handing over from the builder to the Royal Navy. During a test dive prior to commissioning (this applies to all submarines whatever navy they are to be commissioned in) the submarine dives to a test depth. There are three depths a submarine has. The safe diving (safety) depth, the crush depth and the test depth.
The safe diving (safety) depth is often disclosed to publications such as “Jane’s Fighting Ships”. The crush depth is a depth calculated by the boat’s designers and the test depth is a depth that is determined that is below the safety depth and above the crush depth – obviously! My disclosure of this is NOT a breach of the OSA as this is a FACT known by naval personnel and those associated with naval construction throughout the world.
Disclosure of this data/information is CLEARLY NOT in the Public Interest (as it is obviously useful to an enemy) and ANY person disclosing it would be prosecuted and NO jury would acquit were the defendant foolishly seek to claim that disclosure was in the public interest!
HOWEVER: There is data/information that the “powers that be” regard (correctly) as extremely “sensitive” but if disclosed would present the Crown Prosecution Service (CPS) an uphill challenge to convict were a defendant to adopt the strategy employed by the late Mr Ponting!
SO “sensitive” are certain matters that the “powers that be” have determined from the off that under NO CIRCUMSTANCES WHATSOEVER could these be EVER released to “the press” they deliberately DO NOT classify them under the OSA but gift them to the Royal Archives. When needed, these documents are loaned by the Sovereign to the relevant ministry!
Understand this: These “sensitive” matters are “Above Top Secret”.