Former GCHQ Employee to Face Partially Secret Trial Over Alleged Top Secret Data Breach

A senior judge has determined that the trial of a former GCHQ employee, who stands accused of compromising national security by removing top secret data from work, will proceed with some segments held confidentially. Hasaan Arshad, aged 25, faces charges under the Computer Misuse Act following an inquiry conducted by the Metropolitan Police Counter Terrorism Command. Mrs Justice McGowan confirmed that his trial is scheduled for 31 March at the Old Bailey, with certain parts of the proceedings to be conducted confidentially. Mr. Arshad, a resident of Rochdale, Greater Manchester, who is currently out on bail, has pleaded not guilty to the allegations and was not obligated to be present at the hearing. Additionally, Mrs Justice McGowan mandated that some witnesses would testify without revealing their identities, and portions of the trial would be conducted in private. GCHQ serves as the United Kingdom’s intelligence agency, specializing in communications data, cybercrime, and the infiltration of clandestine messaging networks. The accusation pertains to the defendant’s purported actions prior to leaving for home on 24 August 2022. Allegations state that he brought his work mobile phone into a designated top secret zone and linked the device to a top secret workstation. He is further accused of moving sensitive data from a secure, top secret computer onto the phone before transporting it to his residence. Subsequently, Mr. Arshad purportedly transferred this data from the phone to a hard drive linked to his personal home computer. His arrest and a search of his home occurred on 22 September 2022, preceding his formal charge under Section 3ZA of the Computer Misuse Act 1990, which addresses “unauthorised acts causing, or creating risk of, serious damage”. The formal charges specify: “Between August 23 2022 and September 23 2022 (he) did an unauthorised act in relation to a computer and at the time of doing the act knew that it was unauthorised.” “And the act caused, or created a significant risk of a material kind, this being damage to the national security of a country; and he intended by doing the act to cause serious damage of a material kind or was reckless as to whether such damage was caused.” As per Ministry of Justice security guidance, “Top secret” denotes the highest classification level for the government’s most sensitive information. This category encompasses material whose compromise could lead to extensive loss of life or jeopardize the security or economic stability of the nation or allied countries. While GCHQ’s primary headquarters is situated in Cheltenham, Gloucestershire, the intelligence agency also operates a smaller facility in Manchester, alongside other bases located in Cornwall and North Yorkshire.