Correct on the date of publication - 9 March 2026
Question:
What legal provisions exist, if any, in respect of preserving the anonymity of human intelligence sources?
Answer:
Section 29 of the Regulation of Investigatory Powers Act 2000 provides for the authorisation of covert human intelligence sources (CHIS) and the grounds on which it is considered necessary.
Section 29(4A)(e) states; for the purposes of this Part there are arrangements for the source's case that satisfy the requirements of this subsection if such arrangements are in force as are necessary for ensuring that records maintained by virtue of paragraph (c) that disclose the identity of the source will not be available to persons except to the extent that there is a need for access to them to be made available to those persons.
Section 29(5)(e) states; For the purposes of this part there are arrangements for the source's case that satisfy the requirements of this subsection if such arrangements are in force as are necessary for ensuring that records maintained by the relevant investigating authority that disclose the identity of the source will not be available to persons except to the extent that there is a need for access to them to be made available to those persons.
Chapter 9 of the Covert Human Intelligence Sources Revised Code of Practice also provides for the secure storage and dissemination of information relating to CHIS material.
Despite the foregoing legal principles and the legitimacy of measures to preserve the identity of an intelligence source, the decision of the Court of Appeal in Chief Constable of Greater Manchester v McNally 2002 indicates that, in some circumstances the police may have to expose the identity of an intelligence source. It found that it requires a balancing exercise between the public interest in the protection of informers and that of a fair trial; the immunity of informers did not always override other public interests.
English courts have consistently prioritised the protection and anonymity of covert human intelligence sources, recognising this as essential to public interest, crime prevention, and national security. However, the courts retain a discretion to order disclosure in exceptional circumstances where the interests of justice or fair trial require it.
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