Digital Economy Bill (HC Bill 87)

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(2) Subsection (1) does not apply to a disclosure which is made with the consent
of the Commissioners for Her Majesty’s Revenue and Customs (which may be
general or specific).

(3) A person who contravenes subsection (1) is guilty of an offence.

(4) 5It is a defence for a person charged with an offence under subsection (3) to
prove that the person reasonably believed—

(a) that the disclosure was lawful, or

(b) that the information had already and lawfully been made available to
the public.

(5) 10Subsections (4) to (7) of section 19 of the Commissioners for Revenue and
Customs Act 2005 apply to an offence under subsection (3) as they apply to an
offence under that section.

52 Code of practice

(1) The relevant Minister must issue a code of practice about—

(a) 15the disclosure of information under section 48, and

(b) the use of information disclosed under that section.

(2) The code of practice must be consistent with the code of practice issued under
section 52B (data-sharing code) of the Data Protection Act 1998 (as altered or
replaced from time to time).

(3) 20A specified person must have regard to the code of practice in—

(a) disclosing information under section 48, and

(b) using information disclosed under that section.

(4) The relevant Minister may from time to time revise and re-issue the code of
practice.

(5) 25Before issuing or reissuing the code of practice the relevant Minister must
consult—

(a) the Information Commissioner,

(b) the Commissioners for Her Majesty’s Revenue and Customs,

(c) the Scottish Ministers,

(d) 30the Welsh Ministers,

(e) the Department of Finance in Northern Ireland, and

(f) such other persons as the relevant Minister thinks appropriate.

(6) The fact that this section was not in force when consultation of the kind
mentioned in subsection (5) took place is to be disregarded in determining
35whether there has been compliance with that subsection.

(7) As soon as is reasonably practicable after issuing or reissuing the code of
practice the relevant Minister must lay, or arrange for the laying of, a copy of
it before—

(a) Parliament,

(b) 40the Scottish Parliament,

(c) the National Assembly for Wales, and

(d) the Northern Ireland Assembly.

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53 Duty to review operation of Chapter

(1) As soon as is reasonably practicable after the end of three years beginning with
the day on which this Chapter comes into force, the relevant Minister must
review its operation for the purposes of deciding whether it should be
5amended or repealed.

(2) Before carrying out the review the relevant Minister must publish the criteria
by reference to which that determination will be made.

(3) In carrying out the review the relevant Minister must consult—

(a) the Information Commissioner,

(b) 10the Scottish Ministers,

(c) the Welsh Ministers,

(d) the Department of Finance in Northern Ireland, and

(e) such other persons as the relevant Minister thinks appropriate.

(4) Once the review is completed the relevant Minister must—

(a) 15publish a report on its outcome, and

(b) lay, or arrange for the laying of, a copy of the report before—

(i) Parliament,

(ii) the Scottish Parliament,

(iii) the National Assembly for Wales, and

(iv) 20the Northern Ireland Assembly.

(5) If as a result of the review the relevant Minister decides that this Chapter
should be amended or repealed, the relevant Minister may by regulations
amend or repeal it (as the case may be).

(6) The relevant Minister may only make regulations under subsection (5) with the
25consent of the Treasury in a case where the regulations could affect the
disclosure of information by the Revenue and Customs.

(7) Anything required to be published by this section is to be published in such
manner as the relevant Minister thinks fit.

54 Regulations under this Chapter

(1) 30Any power to make regulations under this Chapter is exercisable—

(a) in the case of regulations made by the relevant Minister or the Welsh
Ministers, by statutory instrument, and

(b) in the case of regulations made by the Department of Finance in
Northern Ireland, by statutory rule for the purposes of the Statutory
35Rules (Northern Ireland) Order 1979 (SI 1979/1573 (NI 12)SI 1979/1573 (NI 12)).

(2) Regulations under this Chapter—

(a) may make different provision for different purposes;

(b) may contain consequential, supplementary, transitional or transitory
provision or savings.

(3) 40The provision that may be made by virtue of subsection (2)(b) includes—

(a) provision amending this Chapter or repealing or revoking any
provision of this Chapter;

(b) provision amending, repealing or revoking an enactment passed or
made before or in the same session as this Act.

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(4) In the case of regulations under section 48(5) which specify a person or
description of person, this includes provision amending this Chapter so as to
make provision in relation to information disclosed by that person or a person
of that description which is similar to that made by section 51 in relation to
5information disclosed by the Revenue and Customs.

(5) A statutory instrument containing regulations made under this Chapter by the
relevant Minister may not be made unless a draft of the instrument has been
laid before, and approved by a resolution of, each House of Parliament.

(6) Regulations made under section 48(5) by the Scottish Ministers are subject to
10the affirmative procedure.

(7) A statutory instrument containing regulations made under section 48(5) by the
Welsh Ministers may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, the National Assembly for Wales.

(8) Regulations under section 48(5) may not be made by the Department of
15Finance in Northern Ireland unless a draft of the regulations has been laid
before, and approved by a resolution of, the Northern Ireland Assembly.

(9) If a draft of a statutory instrument containing regulations under section 48(5)
would, apart from this subsection, be treated for the purposes of the standing
orders of either House of Parliament as a hybrid instrument, it is to proceed in
20that House as if it were not such an instrument.

55 Interpretation of this Chapter

(1) In this Chapter—

  • “the appropriate national authority” means the relevant Minister, subject
    to subsections (2) to (7);

  • 25“enactment” includes—

    (a)

    an enactment contained in, or in an instrument made under, an
    Act of the Scottish Parliament;

    (b)

    an enactment contained in, or in an instrument made under, a
    Measure or Act of the National Assembly for Wales;

    (c)

    30an enactment contained in, or in an instrument made under,
    Northern Ireland legislation;

    (d)

    an enactment contained in subordinate legislation within the
    meaning of the Interpretation Act 1978;

  • “functions” means functions of a public nature;

  • 35“personal information” has the meaning given by section 49(5);

  • “public authority” has the meaning given by section 48(11);

  • “relevant Minister” means the Secretary of State or the Minister for the
    Cabinet Office;

  • “the Revenue and Customs” has the meaning given by section 17(3) of the
    40Commissioners for Revenue and Customs Act 2005;

  • “specified person” has the meaning given by section 48(5).

(2) The Scottish Ministers are the appropriate national authority in relation to
regulations under section 48(5) which specify a person who is, or a description
of persons each of whom is, a Scottish body.

(3) 45In subsection (2) “Scottish body” means—

(a) a person who is a part of the Scottish Administration,

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(b) a Scottish public authority with mixed functions or no reserved
functions (within the meaning of the Scotland Act 1998), or

(c) a person providing services to a person within paragraph (a) or (b).

(4) The Welsh Ministers are the appropriate national authority in relation to
5regulations under section 48(5) which specify a person who is, or a description
of persons each of whom is, a Welsh body.

(5) In subsection (4) “Welsh body” means—

(a) a person who wholly or mainly exercises functions which could be
conferred on the person by provision which falls within the legislative
10competence of the National Assembly for Wales, or

(b) a person providing services to a person within paragraph (a).

(6) The Department of Finance in Northern Ireland is the appropriate national
authority in relation to regulations under section 48(5) which specify a person
who is, or a description of persons each of whom is, a Northern Ireland body.

(7) 15In subsection (6) “Northern Ireland body” means—

(a) a Minister within the meaning of the Northern Ireland Act 1998,

(b) a Northern Ireland department,

(c) a Northern Ireland public authority within the meaning of the Statistics
and Registration Service Act 2007, or

(d) 20a person providing services to a person within paragraph (a), (b) or (c).

CHAPTER 5 Sharing for research purposes

56 Disclosure of information for research purposes

(1) Information held by a public authority in connection with the authority’s
functions may be disclosed to another person for the purposes of research
25which is being or is to be carried out.

(2) If the information is personal information it may not be disclosed under
subsection (1) unless the following conditions are met.

(3) The first condition is that, if the information identifies a particular person, it is
processed before it is disclosed so that—

(a) 30the person’s identity is not specified in the information, and

(b) it is not reasonably likely that the person’s identity will be deduced
from the information (whether by itself or taken together with other
information).

(4) For the purposes of the first condition the information may be processed by—

(a) 35the public authority,

(b) a person other than the public authority, or

(c) both the public authority and a person other than the public authority,

(subject to the following provisions of this Part).

(5) Personal information may be disclosed for the purpose of processing it for
40disclosure under subsection (1)—

(a) by a public authority to a person involved in processing the
information for that purpose;

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(b) by one such person to another such person.

(6) The second condition is that each person who is involved in processing the
information for disclosure takes reasonable steps to—

(a) minimise the risk of the accidental disclosure of information which
5identifies a particular person, and

(b) prevent the deliberate disclosure of such information (otherwise than
in accordance with this Chapter).

(7) The third condition is that the disclosure is made by the public authority or by
a person, other than the public authority, who is involved in processing the
10information for disclosure under subsection (1).

(8) The fourth condition is that the research for the purposes of which the
information is disclosed is accredited under section 61.

(9) The fifth condition is that the following are accredited under section 61—

(a) the public authority, if the public authority is involved in processing
15the information for disclosure under subsection (1);

(b) any person, other than the public authority, who is involved in
processing the information for disclosure under subsection (1);

(c) any person to whom information is disclosed under subsection (1);

(d) any person by whom such information is used for research purposes.

(10) 20The sixth condition is that each person who discloses the information or is
involved in processing it for disclosure under subsection (1) has regard to the
code of practice under section 60 in doing so.

(11) For the purposes of this Chapter information is “personal information” if—

(a) it relates to a particular person (including a body corporate), but

(b) 25it is not information about the internal administrative arrangements of
a public authority.

(12) For the purposes of this Chapter information identifies a particular person if
the identity of that person—

(a) is specified in the information,

(b) 30can be deduced from the information, or

(c) can be deduced from the information taken together with any other
information.

(13) This section is subject to section 57.

57 Provisions supplementary to section 56

(1) 35A disclosure under section 56 does not breach—

(a) any obligation of confidence owed by the person making the
disclosure, or

(b) any other restriction on the disclosure of information (however
imposed).

(2) 40But nothing in section 56 authorises information to be disclosed if to do so
would—

(a) contravene the Data Protection Act 1998, or

(b) be prohibited by Part 1 of the Regulation of Investigatory Powers Act
2000.

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(3) In its application to a public authority with functions relating to the provision
of health services or adult social care, section 56 does not authorise the
disclosure of information held by the authority in connection with such
functions.

(4) 5Section 56 does not limit the circumstances in which information may be
disclosed apart from that section.

(5) A person within subsection (6) may charge a person who requests information
to be disclosed under section 56(1) a fee for work done in response to the
request.

(6) 10The persons mentioned in subsection (5) are—

(a) the public authority to whom the request is made, and

(b) a person who is involved in processing the information for disclosure.

(7) A fee charged under subsection (5) by a public authority (including a person
within subsection (6)(b) who is a public authority) must not exceed the cost to
15the person of doing the work for which the fee is charged.

58 Bar on further disclosure of personal information

(1) This section applies to personal information which—

(a) identifies a particular person, and

(b) is received by a person (“P”) under section 56(5) (disclosure for
20processing).

(2) Personal information to which this section applies may not be disclosed—

(a) by P, or

(b) by any other person who has received it directly or indirectly from P.

(3) Subsection (2) does not apply to a disclosure—

(a) 25which is required or permitted by any enactment (including section
56(5)),

(b) which is required by an EU obligation,

(c) which is made in pursuance of an order of the court,

(d) of information which has already lawfully been made available to the
30public,

(e) which is made for the prevention or detection of crime or the
prevention of anti-social behaviour,

(f) which is made for the purposes of a criminal investigation,

(g) which is made for the purposes of legal proceedings (whether civil or
35criminal), or

(h) which is made with the consent of the person to whom it relates.

(4) In subsection (3)(a) “enactment” includes—

(a) an enactment contained in, or in an instrument made under, an Act of
the Scottish Parliament;

(b) 40an enactment contained in, or in an instrument made under, a Measure
or Act of the National Assembly for Wales;

(c) an enactment contained in, or in an instrument made under, Northern
Ireland legislation;

(d) an enactment contained in subordinate legislation within the meaning
45of the Interpretation Act 1978.

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(5) In subsection (3)(e) “anti-social behaviour” has the same meaning as in Part 1
of the Anti-social Behaviour, Crime and Policing Act 2014 (see section 2 of that
Act).

(6) A person commits an offence if—

(a) 5the person discloses personal information in contravention of
subsection (2), and

(b) at the time that the person makes the disclosure, the person knows that
the disclosure contravenes that subsection or is reckless as to whether
the disclosure does so.

(7) 10A person who is guilty of an offence under subsection (6) is liable on conviction
on indictment to imprisonment for a term not exceeding two years, to a fine or
to both.

(8) A person who is guilty of an offence under subsection (6) is liable on summary
conviction—

(a) 15in England and Wales, to imprisonment for a term not exceeding 12
months, to a fine or to both;

(b) in Scotland, to imprisonment for a term not exceeding 12 months, to a
fine not exceeding the statutory maximum or to both;

(c) in Northern Ireland, to imprisonment for a term not exceeding 6
20months, to a fine not exceeding the statutory maximum or to both.

(9) In the application of subsection (8)(a) to an offence committed before the
coming into force of section 154(1) of the Criminal Justice Act 2003 the
reference to 12 months is to be read as a reference to 6 months.

(10) This section does not apply to personal information disclosed under section
2556(5) by the Revenue and Customs.

59 Information disclosed by the Revenue and Customs

(1) This section applies to personal information which—

(a) identifies a particular person, and

(b) is disclosed by the Revenue and Customs under section 56(5)
30(disclosure for processing) and received by a person (“P”).

(2) Personal information to which this section applies may not be disclosed—

(a) by P, or

(b) by any other person who has received it directly or indirectly from P.

(3) Subsection (2) does not apply to a disclosure which is made with the consent
35of the Commissioners for Her Majesty’s Revenue and Customs (which may be
general or specific).

(4) A person who contravenes subsection (2) is guilty of an offence.

(5) It is a defence for a person charged with an offence under subsection (4) to
prove that the person reasonably believed—

(a) 40that the disclosure was lawful, or

(b) that the information had already and lawfully been made available to
the public.

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(6) Subsections (4) to (7) of section 19 of the Commissioners for Revenue and
Customs Act 2005 apply to an offence under subsection (4) as they apply to an
offence under that section.

60 Code of practice

(1) 5The Statistics Board must issue a code of practice about—

(a) the disclosure of information under section 56,

(b) the processing of information under that section, and

(c) the holding or use of information disclosed under that section.

(2) The code of practice must be consistent with the code of practice issued under
10section 52B (data-sharing code) of the Data Protection Act 1998 (as altered or
replaced from time to time).

(3) A public authority must have regard to the code of practice in disclosing or
participating in the processing of information under section 56.

(4) A person who is accredited under section 61(1)(a) must have regard to the code
15of practice in participating in the processing of information for disclosure
under section 56(1).

(5) A person who is accredited under section 61(1)(b) or (c) must have regard to
the code of practice in holding or using information disclosed under section 56.

(6) The Statistics Board may from time to time revise and re-issue the code of
20practice.

(7) Before issuing or reissuing the code of practice the Statistics Board must
consult—

(a) the Minister for the Cabinet Office,

(b) the Information Commissioner,

(c) 25the Commissioners for Her Majesty’s Revenue and Customs,

(d) the Scottish Ministers,

(e) the Welsh Ministers,

(f) the Department of Finance in Northern Ireland, and

(g) such other persons as the Statistics Board thinks appropriate.

(8) 30The fact that this section was not in force when consultation of the kind
mentioned in subsection (7) took place is to be disregarded in determining
whether there has been compliance with that subsection.

(9) As soon as is reasonably practicable after issuing or reissuing the code of
practice the Statistics Board must lay a copy of it before—

(a) 35Parliament,

(b) the Scottish Parliament,

(c) the National Assembly for Wales, and

(d) the Northern Ireland Assembly.

61 Accreditation for the purposes of this Chapter

(1) 40The Statistics Board—

(a) may accredit a person as a person who may be involved in the
processing of information for disclosure under subsection (1) of section
56,

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(b) may accredit a person as a person to whom information may be
disclosed under that subsection,

(c) may accredit a person as a person by whom information disclosed
under that subsection may be used for research purposes,

(d) 5may accredit research for the purposes of that section, and

(e) may withdraw accreditation given under any of paragraphs (a) to (d).

(2) The Statistics Board—

(a) must establish and publish conditions to be met by a person for
accreditation under subsection (1)(a), (b) or (c),

(b) 10must establish and publish conditions to be met by research for
accreditation under subsection (1)(d), and

(c) must establish and publish grounds for the withdrawal of accreditation
under subsection (1)(e).

(3) The conditions established and published under subsection (2)(a) must, in the
15case of a person seeking accreditation to be involved in the processing of
information for disclosure under section 56(1), include a condition that the
person is a fit and proper person to be involved in such processing.

(4) The conditions established and published under subsection (2)(b) must include
a condition that the research is in the public interest.

(5) 20The grounds established and published under subsection (2)(c) must, in the
case of a person accredited under this section, include the ground that the
person has failed to have regard to the code of practice under section 60.

(6) Before publishing conditions under subsection (2)(a) or (b) or grounds under
subsection (2)(c), the Statistics Board must consult—

(a) 25the Minister for the Cabinet Office,

(b) the Information Commissioner,

(c) the Commissioners for Her Majesty’s Revenue and Customs,

(d) the Scottish Ministers,

(e) the Welsh Ministers,

(f) 30the Department of Finance in Northern Ireland, and

(g) such other persons as the Statistics Board thinks appropriate.

(7) The Statistics Board—

(a) may from time to time revise conditions or grounds published under
this section, and

(b) 35if it does so, must publish the conditions or grounds as revised.

(8) Subsection (6) applies in relation to the publication of conditions or grounds
under subsection (7) as it applies in relation to the publication of conditions or
grounds under subsection (2).

(9) The Statistics Board must maintain and publish—

(a) 40a register of persons who are accredited under subsection (1)(a),

(b) a register of persons who are accredited under subsection (1)(b), and

(c) a register of persons who are accredited under subsection (1)(c).

(10) A register under any of the paragraphs of subsection (9) may be combined with
a register under any of the other paragraph of that subsection.

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(11) Anything required by this section to be published must be published in such
manner as the Statistics Board thinks appropriate for bringing it to the
attention of persons likely to be affected by it.

62 Delegation of functions of Statistics Board

(1) 5The Statistics Board may delegate any of its functions under section 61 to
another person if the Board thinks that the person—

(a) is a fit and proper person to exercise the function in question, and

(b) has expertise in statistical research and analysis.

(2) Subsection (1) does not affect the operation of section 36 of the Statistics and
10Registration Service Act 2007 (delegation of Board’s functions).

63 Interpretation of this Chapter

(1) In this Chapter—

  • “personal information” has the meaning given by section 56(11);

  • “public authority” means a person with functions of a public nature,
    15subject to subsection (2);

  • “the Revenue and Customs” has the meaning given by section 17(3) of the
    Commissioners for Revenue and Customs Act 2005.

(2) A person is not a public authority for the purposes of this Chapter if the
person—

(a) 20only has functions relating to the provision of health services,

(b) only has functions relating to the provision of adult social care, or

(c) only has functions within paragraph (a) and paragraph (b).

(3) The following are to be disregarded in determining whether subsection (2)
applies to a person—

(a) 25any power (however expressed) to do things which are incidental to the
carrying out of another function of that person;

(b) any function which the person exercises or may exercise on behalf of
another person.

(4) In this Chapter “health services” means—

(a) 30services which must or may be provided as part of the health service as
defined by section 275(1) of the National Health Service Act 2006 or
section 206(1) of the National Health Service (Wales) Act 2006,

(b) services which must or may be provided as part of the health service as
defined by section 108(1) of the National Health Service (Scotland) Act
351978, or

(c) services designed to secure any of the objects of section 2(1)(a) of the
Health and Social Care (Reform) Act (Northern Ireland) 2009.

(5) In this Chapter “adult social care” includes all forms of personal care and other
practical assistance provided for individuals aged 18 or over who, by reason of
40age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs,
or any other similar circumstances, are in need of such care or assistance.

(6) References in this Chapter to information which identifies a particular person
are to be read in accordance with section 56(12).