Abstract
Abstract Chapter 3 examines the law relating to the security and intelligence agencies. In particular, it considers the background to the enactment of the Security Services Act 1989 and the Intelligence Services Act 1994. The chapter examines the functions and work of each of the agencies, MI5, the Secret Intelligence Service, and Government Communications Headquarters. It then examines particular legal aspects arising from their legislative frameworks. In particular, Chapter 3 considers the role of MI5 in countering subversion and the principal statutory controls, common to all the agencies, on the ways in which they perform their functions, especially the restrictions on their obtaining and disclosure of information. Finally, Chapter 3 considers two key principles which are central to the work of the agencies: the neither-confirm-nor-deny principle and the control principle (or third-party rule).
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