UK Home Office’s new vulnerability reporting policy creates legal risks for ethical researchers, experts warn

The UK Home Office’s new vulnerability reporting policy allows researchers to disclose security issues but lacks legal protections, raising concerns that they could face prosecution under the Computer Misuse Act.
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The UK Home Office has introduced a vulnerability reporting mechanism through the platform HackerOne, allowing cybersecurity researchers to report security issues in its systems. However, concerns have been raised that individuals who submit reports could still face legal risks under the UK’s Computer Misuse Act (CMA), even if they follow the department’s new guidance.

Unlike some private-sector initiatives, the Home Office program does not offer financial rewards for reporting vulnerabilities. The new guidelines prohibit researchers from disrupting systems or accessing and modifying data. However, they also caution that individuals must not ‘break any applicable law or regulations,’ a clause that some industry groups argue could discourage vulnerability disclosure due to the broad provisions of the CMA, which dates back to 1990.

The CyberUp Campaign, a coalition of industry professionals, academics, and cybersecurity experts, warns that the CMA’s definition of unauthorized access does not distinguish between malicious intent and ethical security research. While the Ministry of Defence has previously assured researchers they would not face prosecution, the Home Office provides no such assurances, leaving researchers uncertain about potential legal consequences.

A Home Office spokesperson declined to comment on the concerns.

The CyberUp Campaign acknowledged the growing adoption of vulnerability disclosure policies across the public and private sectors but highlighted the ongoing legal risks researchers face in the UK. The campaign noted that other countries, including Malta, Portugal, and Belgium, have updated their laws to provide legal protections for ethical security research, while the UK has yet to introduce similar reforms.

The Labour Party had previously proposed an amendment to the CMA that would introduce a public interest defense for cybersecurity researchers, but this was not passed. Last year, Labour’s security minister Dan Jarvis praised the contributions of cybersecurity professionals and stated that the government was considering CMA reforms, though no legislative changes have been introduced so far.

For more information on these topics, visit diplomacy.edu.