Leaks, Whistleblowing and the Public Interest


Leaks, Whistleblowing and the Public Interest

The Law of Unauthorised Disclosures

9781783474899 Edward Elgar Publishing
Ashley Savage, formerly University of Liverpool, UK
Publication Date: 2016 ISBN: 978 1 78347 489 9 Extent: 304 pp
This book is the first of its kind to provide an in-depth treatment of the law of unauthorised disclosures in the United Kingdom. Drawing upon extensive data obtained using freedom of information as a methodology and examples from comparative jurisdictions, the book considers the position of civil servants, employees of the security and intelligence services and service personnel in the armed forces. It considers the protections available, the consequences of leaking and a full assessment of the authorised alternatives.

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Critical Acclaim
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Applying a comparative analysis on law and practices, combined with extensive data, this book considers the legal consequences for public servants who make unauthorised disclosures of official information and the protections available for whistleblowers.

The author provides an in-depth treatment of the law of unauthorised disclosures in the UK to explore the protections available and discusses the theoretical and legal justifications for the making of disclosures, as well as the arguments for maintaining official secrecy. The book discusses the legal consequences of leaking information and a full assessment of the authorised alternatives, providing recommendations for reform throughout.

This book will be of interest to academics working on whistleblowing, as well as their students. The various recommendations provided in the book will be of use to whistleblowing NGOs, policymakers and Members of Parliament.
Critical Acclaim
‘Using his extensive knowledge and experience in the field, Dr Savage analyses the law relating to the protection of journalistic sources, considers the impact of secrecy laws and provides case studies from the UK Civil Service, Armed Forces and Security and Intelligence Services. These case studies examine not only the unauthorized routes to disclosure of information but also the official whistleblowing mechanisms. Importantly, the work considers not only what should happen to whistleblowers but also what should happen to the information.’
– David Lewis, Middlesex University, London, UK

‘Ashley Savage’s comprehensive analysis of the treatment of whistleblowers in the British civil service, the security services, and the military invites comparison and contrast to the treatment of comparable public employees in the United States. His legal analysis, examination of administrative practices under British law, and suggestions for reform provide insights for American readers examining our own laws. In particular, Savage’s attention to freedom of expression under the European Convention on Human Rights reminds us of the human rights foundation for whistleblower protection.’
– Robert G. Vaughn, American University, Washington College of Law, US

Contents: Preface 1. Introduction 2. The Consequences of Making an Unauthorised Disclosure 3. Protection as a Journalistic Source 4. Legal Protections for Raising Concerns 5. Whistleblowing in the Civil Service 6. Whistleblowing in the Security and Intelligence Services 7. Whistleblowing in the Armed Forces 8. Final Observations Index

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