Digital Economy Bill (HL Bill 102)

Digital Economy BillPage 30

(2) In consequence the following are repealed or revoked—

(a) in the Copyright, Designs and Patents Act 1988—

(i) in section 134, subsection (3A) and, in subsection (1), the words
“Subject to subsection (3A)”;

(ii) 5section 149(za);

(iii) section 205B(1)(cc);

(b) in the Broadcasting Act 1996, section 138 and Schedule 9;

(c) in the Copyright and Related Rights Regulations 2003 (S.I. 2003/2498),
regulation 22.

(3) 10The Secretary of State may by regulations make transitional, transitory or
saving provision in connection with the coming into force of this section.

(4) The power to make regulations under subsection (3) is exercisable by statutory
instrument.

(5) A statutory instrument containing regulations under subsection (3) is subject
15to annulment in pursuance of a resolution of either House of Parliament.

Part 5 Digital government

CHAPTER 1 Public service delivery

31 20Disclosure of information to improve public service delivery

(1) A specified person may disclose information held by the person in connection
with any of the person’s functions to another specified person for the purposes
of a specified objective.

(2) In this Chapter “specified person” means a person specified, or of a description
25specified, in regulations made by the appropriate national authority.

(3) A person specified in regulations under subsection (2) must be—

(a) a public authority, or

(b) a person providing services to a public authority.

(4) In the case of a person (“P”) who is a specified person merely because of
30providing services to a public authority, the reference in subsection (1) to the
functions of a specified person is limited to the functions P exercises for that
purpose.

(5) In determining whether to make regulations under subsection (2) in relation to
a person or description of person the appropriate national authority must have
35regard, in particular, to—

(a) the systems and procedures for the secure handling of information by
that person or persons of that description, and

(b) in the case of regulations which amend or revoke previous regulations
so that the person ceases to be a specified person, whether that person,
40or any person providing services to that person, has had regard to the
code of practice under section 39 as required by that section.

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(6) In this section “specified objective” means an objective specified in regulations
made by the appropriate national authority.

(7) An objective may be specified by regulations under subsection (6) only if it
complies with the following conditions.

(8) 5The first condition is that the objective has as its purpose—

(a) the improvement or targeting of a public service provided to
individuals or households, or

(b) the facilitation of the provision of a benefit (whether or not financial) to
individuals or households.

(9) 10The second condition is that the objective has as its purpose the improvement
of the well-being of individuals or households.

(10) The reference in subsection (9) to the well-being of individuals or households
includes—

(a) their physical and mental health and emotional well-being,

(b) 15the contribution made by them to society, and

(c) their social and economic well-being.

32 Disclosure of information to gas and electricity suppliers

(1) If the first and second conditions are met, a specified person may disclose
information held by the person in connection with any of the person’s
20functions to—

(a) a licensed gas supplier, or

(b) a licensed electricity supplier.

(2) The first condition is that the disclosure is for the purpose of assisting people
living in fuel poverty by—

(a) 25reducing their energy costs,

(b) improving efficiency in their use of energy, or

(c) improving their health or financial well-being.

(3) The second condition is that the information is disclosed with the intention that
it will be used by the recipient of the information in connection with—

(a) 30a support scheme under Part 2 of the Energy Act 2010 (schemes for
reducing fuel poverty),

(b) in the case of a disclosure to a licensed gas supplier, an obligation
imposed by an order under section 33BC or 33BD of the Gas Act 1986
(powers to impose obligations on gas suppliers etc),

(c) 35in the case of a disclosure to a licensed electricity supplier, an obligation
imposed by an order under section 41A or 41B of the Electricity Act
1989 (powers to impose obligations on electricity suppliers etc), or

(d) the making of grants (by any person) under section 15 of the Social
Security Act 1990 in accordance with regulations under that section
40made by the Scottish Ministers or the Welsh Ministers.

(4) The appropriate national authority may by regulations—

(a) amend subsection (1) so as to add or remove a person or description of
persons to whom information may be disclosed;

(b) amend subsection (3).

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(5) In determining whether to make regulations under subsection (4)(a) in relation
to a person or description of person the appropriate national authority must
have regard, in particular, to—

(a) the systems and procedures for the secure handling of information by
5that person or persons of that description, and

(b) in the case of regulations which remove a person from subsection (1),
whether that person, or any person providing services to that person,
has had regard to the code of practice under section 39 as required by
that section.

(6) 10In the case of a person (“P”) who is a specified person merely because of
providing services to a public authority, the reference in subsection (1) to the
functions of a specified person is limited to the functions P exercises for that
purpose.

(7) For the purposes of this Chapter a person lives in fuel poverty if the person is
15a member of a household living on a lower income in a home which cannot be
kept warm at a reasonable cost.

(8) In this section—

  • “licensed gas supplier” means the holder of a licence under section 7A(1)
    of the Gas Act 1986;

  • 20“licensed electricity supplier” means the holder of a licence under section
    6(1)(d) of the Electricity Act 1989.

33 Disclosure of information by gas and electricity suppliers

(1) If the condition in subsection (2) is met, a person to whom information may be
disclosed under section 32 may disclose information held by that person to a
25specified person.

(2) That condition is that the disclosure is for the purpose of assisting people living
in fuel poverty in England and Wales or Scotland by—

(a) reducing their energy costs,

(b) improving efficiency in their use of energy, or

(c) 30improving their health or financial well-being.

34 Disclosure of information to water and sewerage undertakers

(1) If the first and second conditions are met, a specified person may disclose
information held by the person in connection with any of the person’s
functions to—

(a) 35a water or sewerage undertaker for an area which is wholly or mainly
in England, or

(b) a water or sewerage undertaker for an area which is wholly or mainly
in Wales.

(2) The first condition is that the disclosure is for the purpose of assisting people
40living in water poverty by—

(a) reducing their water or sewerage costs,

(b) improving efficiency in their use of water, or

(c) improving their health or financial well-being.

(3) The second condition is that the information is disclosed with the intention that
45it will be used by the undertaker in connection with provision in the

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undertaker’s charges scheme under section 143 of the Water Industry Act 1991
which is included in that scheme—

(a) in compliance with regulations under section 143A of that Act which
impose requirements within subsection (2)(d) of that section (power for
5regulations to require charges schemes to make special provision for
particular classes of individual), or

(b) by virtue of section 44 of the Flood and Water Management Act 2010
(social tariffs).

(4) In the case of a person (“P”) who is a specified person merely because of
10providing services to a public authority, the reference in subsection (1) to the
functions of a specified person is limited to the functions P exercises for that
purpose.

(5) For the purposes of this Chapter a person lives in water poverty if the person
is a member of a household living on a lower income in a home which—

(a) 15cannot be supplied with water at a reasonable cost, or

(b) cannot be supplied with sewerage services at a reasonable cost.

35 Disclosure of information by water and sewerage undertakers

(1) If the condition in subsection (2) is met, a person to whom information may be
disclosed under section 34 may disclose information held by that person to a
20specified person.

(2) That condition is that the disclosure is for the purpose of assisting people living
in water poverty in England and Wales by—

(a) reducing their water or sewerage costs,

(b) improving efficiency in their use of water, or

(c) 25improving their health or financial well-being.

36 Further provisions about disclosures under any of sections 31 to 35

(1) Personal information disclosed under any of sections 31 to 35 may only be used
by the person to whom it is disclosed for the purposes for which it was
disclosed, subject to subsection (2).

(2) 30Subsection (1) does not prevent the use of information by a person—

(a) if the information has already lawfully been made available to the
public,

(b) if the person to whom the information relates consents to its use for
another purpose,

(c) 35for the prevention or detection of crime or the prevention of anti-social
behaviour,

(d) for the purposes of a criminal investigation,

(e) for the purposes of legal proceedings (whether civil or criminal), or

(f) for the purposes of—

(i) 40preventing serious physical harm to a person,

(ii) preventing loss of human life,

(iii) safeguarding vulnerable adults or children,

(iv) responding to an emergency, or

(v) protecting national security.

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(3) In subsection (2)(c) “anti-social behaviour” means conduct that—

(a) is likely to cause harassment, alarm or distress to any person, or

(b) is capable of causing nuisance or annoyance to a person in relation to
that person’s occupation of residential premises.

(4) 5Subsection (2) does not apply to information disclosed to a person under
section 31, 32 or 34 by the Revenue and Customs; but such information may be
used by that person for purposes other than those for which it was disclosed
with the consent of the Commissioners for Her Majesty’s Revenue and
Customs (which may be general or specific).

(5) 10For the purposes of this Chapter information is “personal information” if—

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

(b) it is not information about the internal administrative arrangements of
a specified person or a person to whom information may be disclosed
15under section 32 or 34.

(6) For the purposes of subsection (5) information identifies a particular person if
the identity of that person—

(a) is specified in the information,

(b) can be deduced from the information, or

(c) 20can be deduced from the information taken together with any other
information.

(7) A disclosure under any of sections 31 to 35 does not breach—

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

(b) 25any other restriction on the disclosure of information (however
imposed).

(8) But nothing in sections 31 to 35 authorises the making of a disclosure which—

(a) contravenes the Data Protection Act 1998, or

(b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the
30Investigatory Powers Act 2016.

(9) Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 by
paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 is
fully in force, subsection (8)(b) has effect as if it included a reference to that
Part.

(10) 35Sections 31 to 35 do not limit the circumstances in which information may be
disclosed apart from those sections.

37 Confidentiality of personal information

(1) Personal information disclosed under any of sections 31 to 35 and received by
a person (“P”) may not be disclosed—

(a) 40by P, or

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

(2) Subsection (1) does not apply to a disclosure—

(a) which is required or permitted by any enactment (including any of
sections 31 to 35),

(b) 45which is required by an EU obligation,

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

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

(e) which is made for the prevention or detection of crime or the
5prevention 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
criminal),

(h) which is a protected disclosure for any of the purposes of the
10Employment Rights Act 1996 or the Employment Rights (Northern
Ireland) Order 1996 (SI 1996/1919 (NI 16)),

(i) consisting of the publication of information for the purposes of
journalism, where the publication of the information is in the public
interest,

(j) 15which is made with the consent of the person to whom it relates, or

(k) which is made for the purposes of—

(i) preventing serious physical harm to a person,

(ii) preventing loss of human life,

(iii) safeguarding vulnerable adults or children,

(iv) 20responding to an emergency, or

(v) protecting national security.

(3) In subsection (2)(e) “anti-social behaviour” means conduct that—

(a) is likely to cause harassment, alarm or distress to any person, or

(b) is capable of causing nuisance or annoyance to a person in relation to
25that person’s occupation of residential premises.

(4) A person commits an offence if—

(a) the person discloses personal information in contravention of
subsection (1), and

(b) at the time that the person makes the disclosure, the person knows that
30the disclosure contravenes that subsection or is reckless as to whether
the disclosure does so.

(5) A person who is guilty of an offence under subsection (4) is liable on conviction
on indictment to imprisonment for a term not exceeding two years, to a fine or
to both.

(6) 35A person who is guilty of an offence under subsection (4) is liable on summary
conviction—

(a) in 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
40fine not exceeding the statutory maximum or to both;

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

(7) In the application of subsection (6)(a) to an offence committed before the
coming into force of section 154(1) of the Criminal Justice Act 2003 the
45reference to 12 months is to be read as a reference to 6 months.

(8) This section does not apply to personal information disclosed under section 31,
32 or 34 by the Revenue and Customs.

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38 Information disclosed by the Revenue and Customs

(1) Personal information disclosed by the Revenue and Customs under section 31,
32 or 34 and received by a person may not be disclosed by that person.

(2) Subsection (1) does not apply to a disclosure which is made with the consent
5of 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) It is a defence for a person charged with an offence under subsection (3) to
prove that the person reasonably believed—

(a) 10that the disclosure was lawful, or

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

(5) Subsections (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
15offence under that section.

39 Code of practice

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

(a) the disclosure of information under any of sections 31 to 35, and

(b) the use of information disclosed under any of those sections.

(2) 20The 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) A person to whom the code applies must have regard to the code of practice—

(a) in disclosing information under any of sections 31 to 35, and

(b) 25in using information disclosed under any of those sections.

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

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

(a) 30the Information Commissioner,

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

(c) the Scottish Ministers,

(d) the Welsh Ministers,

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

(f) 35such 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
whether there has been compliance with that subsection.

(7) As soon as is reasonably practicable after issuing or reissuing the code of
40practice the relevant Minister must lay, or arrange for the laying of, a copy of
it before—

(a) Parliament,

(b) the Scottish Parliament,

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(c) the National Assembly for Wales, and

(d) the Northern Ireland Assembly.

40 Regulations under this Chapter

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

(a) 5in 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
Rules (Northern Ireland) Order 1979 (SI 1979/1573 (NI 12)).

(2) 10Regulations under this Chapter—

(a) may make different provision for different purposes;

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

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

(a) 15provision 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.

(4) In the case of regulations under section 31(2) which specify a person or
20description 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 38 in relation to
information disclosed by the Revenue and Customs.

(5) Before making regulations under this Chapter the appropriate national
25authority must consult—

(a) the Information Commissioner,

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

(c) each other person who is the appropriate national authority in relation
to regulations under this Chapter,

(d) 30where the appropriate national authority is not the relevant Minister,
the Minister for the Cabinet Office, and

(e) such other persons as the appropriate national authority thinks
appropriate.

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

(7) The appropriate national authority may only make regulations under section
31(6) or 32(4)(b) with the consent of the Treasury in a case where the
40regulations could affect the disclosure of information by the Revenue and
Customs.

(8) 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.

(9) 45Regulations made under this Chapter by the Scottish Ministers are subject to
the affirmative procedure.

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(10) A statutory instrument containing regulations made under this Chapter 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.

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

(12) If a draft of a statutory instrument containing regulations under section 31(2)
or 32(4)(a) 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
10proceed in that House as if it were not such an instrument.

41 Interpretation of this Chapter

(1) In this Chapter—

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

  • 15“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)

    20an 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;

  • “function” means function of a public nature;

  • 25“personal information” has the meaning given by section 36(5);

  • “public authority” means a person who exercises functions of a public
    nature, subject to subsection (8);

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

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

  • “specified person” has the meaning given by section 31(2).

(2) The Scottish Ministers are the appropriate national authority in relation to—

(a) regulations under section 31(2) which specify a person who is, or a
35description of persons each of whom is, a Scottish body,

(b) regulations under section 32(4)(a) which add or remove a person who
is, or a description of persons each of whom is, a Scottish body, and

(c) regulations under section 31(6) or 32(4)(b) which have the effect only of
enabling a Scottish body to disclose information for the purposes of an
40objective which does not relate to a reserved matter (within the
meaning of the Scotland Act 1998).

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

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

(b) a Scottish public authority with mixed functions or no reserved
45functions (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—

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(a) regulations under section 31(2) which specify a person who is, or a
description of persons each of whom is, a Welsh body,

(b) regulations under section 32(4)(a) which add or remove a person who
is, or a description of persons each of whom is, a Welsh body, and

(c) 5regulations under section 31(6) or 32(4)(b) which have the effect only of
enabling a Welsh body to disclose information for the purposes of an
objective which relates to a matter within the legislative competence of
the National Assembly for Wales.

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

(a) 10a devolved Welsh authority as defined by section 157A of the
Government of Wales Act 2006, or

(b) a person providing services to a devolved Welsh authority as defined
by that section.

(6) The Department of Finance in Northern Ireland is the appropriate national
15authority in relation to—

(a) regulations under section 31(2) which specify a person who is, or a
description of persons each of whom is, a Northern Ireland body, and

(b) regulations under section 31(6) which have the effect only of enabling a
Northern Ireland body to disclose information for the purposes of an
20objective which relates to a transferred matter (within the meaning of
the Northern Ireland Act 1998).

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

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

(b) a Northern Ireland department,

(c) 25a Northern Ireland public authority within the meaning of the Statistics
and Registration Service Act 2007, or

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

(8) A person is not a public authority for the purposes of this Chapter if, apart from
this subsection, the person would be a public authority for those purposes
30merely because the person exercises functions on behalf of another public
authority.

(9) References in this Chapter to people living in fuel poverty are to be construed
in accordance with section 32(7).

(10) References in this Chapter to people living in water poverty are to be construed
35in accordance with section 34(5).

CHAPTER 2 Civil registration

42 Disclosure of information by civil registration officials

(1) The Registration Service Act 1953 is amended as follows.

(2) 40After section 19A insert—

19AA Disclosure of information

(1) A civil registration official may, subject to this section, disclose any
information held in connection with any of the official’s functions to—