The protection of sources and whistle-blowers 2015, para. 47
Paragraph- Paragraph text
- States may find it appropriate to apply specific rules to public national security disclosures. To be consistent with article 19 (3), they should nonetheless strictly adhere to the standard that restrictions be necessary and proportionate to protect national security. National security exclusions have traditionally involved information about ongoing defence plans, weapons systems and communications, critical infrastructure and intelligence operations, sources and methods. States have also long protected sensitive security-related diplomatic activity. National security restrictions on disclosure should apply only in such situations, and disclosure should not be limited in the absence of the Government's showing of "a real and identifiable risk of significant harm to a legitimate national security interest". Law should clearly define what may be withheld from disclosure. A "legitimate national security interest" must be genuine, not a cover for "protection of government or officials from embarrassment or exposure of wrongdoing; concealment of information about human rights violations, any other violation of law, or the functioning of public institutions; strengthening or perpetuating a particular political interest, party, or ideology; or suppression of lawful protests".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
- Paragraph type
- Other
- Reference
- SR Freedom of Opinion, Report to the UNGA (2015), A/70/361, para. 47.
- Paragraph number
- 47
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Date added
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