Equality Act 2010 Explanatory Notes

Section 192: National security
Effect

606.This section ensures that the Act does not make it unlawful to do anything which is proportionate in order to safeguard national security.

Background

607.The section replaces similar exceptions in previous legislation, narrowing those which excuse disability discrimination in some areas or sex discrimination. For the first time, it provides a national security exception in relation to age and sexual orientation discrimination outside work.

Example
  • Denying people of a particular nationality access to sensitive information is not unlawful race discrimination under the Act if it is proportionate in order to guard against terrorist attacks.

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