Digital Economy Bill (HL Bill 102)

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

(b) an officer of Revenue and Customs.

(3) A public authority may disclose information under subsection (1) only
if it is satisfied that the Board requires the information to enable it to
5exercise one or more of its functions.

(4) In determining whether the condition in subsection (3) is met the public
authority must have regard to any views of the Board which have been
communicated to the authority.

(5) Information disclosed under subsection (1) may only be used by the
10Board for the purposes of any one or more of its functions.

(6) Information disclosed under subsection (1) may not be used by the
Board for the purposes of its function under section 22 (statistical
services) except with the consent of the public authority which
disclosed the information.

(7) 15Where personal information is disclosed by a public authority to the
Board under subsection (1), the Board may not disclose the information
to an approved researcher under section 39(4)(i) except with the
consent of the public authority.

(8) A disclosure under subsection (1) does not breach—

(a) 20any obligation of confidence owed by the public authority
making the disclosure, or

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

(9) But subsection (1) does not authorise the making of a disclosure
25which—

(a) contravenes the Data Protection Act 1998,

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

(c) contravenes directly applicable EU legislation or any enactment
30to the extent that it implements EU legislation.

(10) 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 (9)(b) has effect as if it
included a reference to that Part.

(11) 35This section does not limit the circumstances in which information may
be disclosed apart from this section.”

(3) Omit—

(a) section 47 (power to authorise disclosure to the Board);

(b) section 48 (power to authorise disclosure to the Board: Scotland);

(c) 40section 49 (power to authorise disclosure to the Board: Northern
Ireland).

(4) In section 54 (Data Protection Act 1998 and Human Rights Act 1998) for “47”
substitute “50”.

(5) In section 65 (orders and regulations)—

(a) 45in subsection (4) omit “47(11),”,

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(b) in subsection (5)(b) omit “47,”,

(c) in subsection (6)(b) omit “48 or”, and

(d) in subsection (9)(c) omit “49 or”.

(6) In section 67 (general interpretation) for the definition of “enactment”
5substitute—

  • ““enactment” includes—

    (a)

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

    (b)

    an enactment contained in, or in an instrument made
    10under, an Act of the Scottish Parliament;

    (c)

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

    (d)

    an enactment contained in, or in an instrument made
    15under, Northern Ireland legislation;”.

73 Access to information by Statistics Board

After section 45A of the Statistics and Registration Service Act 2007  (inserted
by section 72) insert—

45B Access to information held by Crown bodies etc

(1) 20This section applies to—

(a) a public authority which is an emanation of the Crown or a
servant or agent of the Crown,

(b) the Bank of England (including in the exercise of its functions as
the Prudential Regulation Authority),

(c) 25a subsidiary undertaking of the Bank of England within the
meaning of the Companies Acts (see sections 1161 and 1162 of
the Companies Act 2006),

(d) the Financial Conduct Authority, and

(e) the Payment Systems Regulator established under section 40 of
30the Financial Services (Banking Reform) Act 2013.

(2) Subject to this section and section 45E, the Board has a right of access to
information which—

(a) is held by a public authority to which this section applies in
connection with its functions, and

(b) 35is required by the Board to enable it to exercise one or more of
its functions.

(3) Subsection (2) does not apply to information if the disclosure of that
information—

(a) would contravene the Data Protection Act 1998,

(b) 40would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part
9 of the Investigatory Powers Act 2016, or

(c) would contravene directly applicable EU legislation or any
enactment to the extent that it implements EU legislation.

(4) Until the repeal of Part 1 of the Regulation of Investigatory Powers Act
452000 by paragraphs 45 and 54 of Schedule 10 to the Investigatory

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Powers Act 2016 is fully in force, subsection (3)(b) has effect as if it
included a reference to that Part.

(5) The right of access in subsection (2) is to be exercised in accordance
with the following provisions of this section.

(6) 5The Board may, by notice in writing to the public authority, request the
authority to disclose the information to the Board.

(7) A notice under subsection (6) must—

(a) set out the Board’s reasons for requesting the information to be
disclosed, and

(b) 10specify the date by which or the period within which the public
authority must respond to the request.

(8) The public authority must, by that date or within that period, provide
a response in writing to the Board which—

(a) indicates that it is willing to provide the information and gives
15the date by which it will be provided, or

(b) indicates that it is not willing to provide the information and
gives reasons for not providing it.

(9) Subsection (10) applies if—

(a) the public authority fails to respond to the request in
20accordance with subsection (8),

(b) the public authority indicates that it is not willing to provide the
information requested, or

(c) the public authority has indicated that it is willing to provide
the information requested, but the Board considers that the
25public authority is failing to take reasonable steps to comply
with that request.

(10) The Board may lay the request and any response by the public
authority before the relevant legislature.

(11) In subsection (10) “the relevant legislature” means Parliament, subject
30as follows.

(12) The Scottish Parliament is the relevant legislature if the public
authority—

(a) is a part of the Scottish Administration, or

(b) is a Scottish public authority with mixed functions or no
35reserved functions (within the meaning of the Scotland Act
1998).

(13) The National Assembly for Wales is the relevant legislature if the public
authority is a devolved Welsh authority as defined by section 157A of
the Government of Wales Act 2006.

(14) 40The Northern Ireland Assembly is the relevant legislature if—

(a) the public authority exercises functions only as regards
Northern Ireland, and

(b) its functions are wholly or mainly functions which relate to
transferred matters (within the meaning of the Northern Ireland
45Act 1998).

(15) This section does not apply to—

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(a) Her Majesty in Her private capacity,

(b) Her Majesty in right of the Duchy of Lancaster, or

(c) the Duke of Cornwall.

(16) Until the coming into force of section 12 of the Bank of England and
5Financial Services Act 2016 subsection (1)(b) has effect as if the words
in brackets were omitted.

45C Power to require disclosures by other public authorities

(1) This section applies to a public authority to which section 45B does not
apply (other than one within subsection (15) of that section).

(2) 10Subject to this section and section 45E, the Board may, by notice in
writing to a public authority to which this section applies, require the
authority to disclose to the Board information which—

(a) is held by the authority in connection with its functions, and

(b) is specified, or is of a kind specified, in the notice.

(3) 15A notice under subsection (2) may require information to be disclosed
on more than one date specified in the notice within a period specified
in the notice.

(4) A notice under subsection (2) other than one within subsection (3) must
specify the date by which or the period within which the information
20must be disclosed.

(5) A notice under subsection (2) may specify the form or manner in which
the information to which it relates must be disclosed.

(6) A notice under subsection (2) may require the public authority to
consult the Board before making changes to—

(a) 25its processes for collecting, organising, storing or retrieving the
information to which the notice relates, or

(b) its processes for supplying such information to the Board.

(7) The reference in subsection (6) to making changes to a process includes
introducing or removing a process.

(8) 30The Board may give a notice under subsection (2) only if the Board
requires the information to which the notice relates to enable it to
exercise one or more of its functions.

(9) The Board must obtain the consent of the Scottish Ministers before
giving a notice under subsection (2) to a public authority which is a
35Scottish public authority with mixed functions or no reserved functions
(within the meaning of the Scotland Act 1998).

(10) The Board must obtain the consent of the Welsh Ministers before giving
a notice under subsection (2) to a public authority which is a devolved
Welsh authority as defined by section 157A of the Government of
40Wales Act 2006.

(11) The Board must obtain the consent of the Department of Finance in
Northern Ireland before giving a notice under subsection (2) to a public
authority if—

(a) the public authority exercises functions only as regards
45Northern Ireland, and

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(b) its functions are wholly or mainly functions which relate to
transferred matters (within the meaning of the Northern Ireland
Act 1998).

(12) A public authority to which a notice under subsection (2) is given must
5comply with it.

(13) But the public authority need not comply with the notice if
compliance—

(a) might prejudice national security,

(b) would contravene the Data Protection Act 1998,

(c) 10would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part
9 of the Investigatory Powers Act 2016, or

(d) would contravene directly applicable EU legislation or any
enactment to the extent that it implements EU legislation.

(14) Until the repeal of Part 1 of the Regulation of Investigatory Powers Act
152000 by paragraphs 45 and 54 of Schedule 10 to the Investigatory
Powers Act 2016 is fully in force, subsection (13)(c) has effect as if it
included a reference to that Part.

45D Power to require disclosure by undertakings

(1) Subject to this section and section 45E, the Board may, by notice in
20writing to an undertaking, require the undertaking to disclose to the
Board information which—

(a) is held by the undertaking, and

(b) is specified, or is of a kind specified, in the notice.

(2) A notice under subsection (1) may require information to be disclosed
25on more than one date specified in the notice within a period specified
in the notice.

(3) A notice under subsection (1) other than one within subsection (2) must
specify the date by which or the period within which the information
must be disclosed.

(4) 30A notice under subsection (1) may specify the form or manner in which
the information to which it relates must be disclosed.

(5) A notice under subsection (1) may require the undertaking to consult
the Board before making changes to—

(a) its processes for collecting, organising, storing or retrieving the
35information to which the notice relates, or

(b) its processes for supplying such information to the Board.

(6) The reference in subsection (5) to making changes to a process includes
introducing or removing a process.

(7) The Board may give a notice under subsection (1) only if the Board
40requires the information to which the notice relates to enable it to
exercise one or more of its functions.

(8) An undertaking to which a notice under subsection (1) is given must
comply with it.

(9) But the undertaking need not comply with the notice if compliance—

(a) 45might prejudice national security,

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(b) would contravene the Data Protection Act 1998, or

(c) would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part
9 of the Investigatory Powers Act 2016.

(10) Until the repeal of Part 1 of the Regulation of Investigatory Powers Act
52000 by paragraphs 45 and 54 of Schedule 10 to the Investigatory
Powers Act 2016 is fully in force, subsection (9)(c) has effect as if it
included a reference to that Part.

(11) Subject to subsection (13), in this section “undertaking” means—

(a) any person carrying on a trade or business, whether or not with
10a view to profit, or

(b) any charity.

(12) In subsection (11) “charity” means a body, or the trustees of a trust,
established for charitable purposes only.

(13) The following are not undertakings for the purposes of this section—

(a) 15a public authority;

(b) a micro business;

(c) a small business.

(14) Section 33 of the Small Business, Enterprise and Employment Act 2015
(definitions of small and micro business) and regulations made under
20that section apply in relation to subsection (13) as they apply in relation
to subordinate legislation within subsection (1) of that section.

45E Further provisions about powers in sections 45B, 45C and 45D

(1) Information disclosed under section 45B, 45C or 45D may only be used
by the Board for the purposes of any one or more of its functions.

(2) 25Information disclosed under section 45B, 45C or 45D may not be used
by the Board for the purposes of its function under section 22 (statistical
services) except with the consent of the person who disclosed the
information.

(3) Where personal information is disclosed under section 45B, 45C or 45D,
30the Board may not disclose the information to an approved researcher
under section 39(4)(i) except with the consent of the person who
disclosed the information.

(4) A disclosure pursuant to section 45B, 45C or 45D does not breach—

(a) any obligation of confidence owed by the person making the
35disclosure, or

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

(5) The Board must prepare and publish a statement of—

(a) the principles to which it will have regard in exercising its
40functions under sections 45B, 45C and 45D, and

(b) the procedures which it will adopt in exercising those functions.

(6) The statement 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).

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(7) The Board may at any time revise the statement and, if it decides to do
so, must publish the statement as revised.

(8) In preparing or revising the statement the Board must consult—

(a) the Minister for the Cabinet Office,

(b) 5the Information Commissioner,

(c) the Scottish Ministers,

(d) the Welsh Ministers,

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

(f) such other persons as the Board thinks fit.

(9) 10The fact that this section was not in force when consultation of the kind
mentioned in subsection (8) took place is to be disregarded in
determining whether there has been compliance with that subsection.

(10) After preparing or revising a statement the Board must lay the
statement, or the statement as revised, before—

(a) 15Parliament,

(b) the Scottish Parliament,

(c) the National Assembly for Wales, and

(d) the Northern Ireland Assembly.

45F Offences relating to notices under section 45C or 45D

(1) 20A person is guilty of an offence if—

(a) the person is given a notice under section 45C or 45D,

(b) the person is required to comply with the notice,

(c) the person fails to do so, and

(d) the person does not have a reasonable excuse for that failure.

(2) 25A person is guilty of an offence if, in purporting to comply with a notice
under section 45C or 45D, the person—

(a) provides information which is false in a material respect, and

(b) knows that the information is false in that respect or is reckless
as to whether it is false in that respect.

(3) 30A person who is guilty of an offence under subsection (1) or (2) is liable
on summary conviction—

(a) in England and Wales, to a fine, and

(b) in Scotland or Northern Ireland, to a fine not exceeding level 5
on the standard scale.

(4) 35If an offence under this section is committed by a body corporate with
the consent or connivance of an officer of the body, the officer, as well
as the body, is to be treated as having committed the offence.

(5) In subsection (4) a reference to an officer of a body includes a reference
to—

(a) 40a director, manager or secretary,

(b) a person purporting to act as a director, manager or secretary,
and

(c) if the affairs of the body are managed by its members, a
member.

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(6) Where an offence under this section is committed by a partnership
(whether or not a limited partnership) subsection (4) has effect, but as
if a reference to an officer of the body were a reference to—

(a) a partner, and

(b) 5a person purporting to act as a partner.

45G Code of practice on changes to data systems

(1) The Board must prepare, adopt and publish a code of practice
containing guidance on the matters to be taken into account by a public
authority in making changes to—

(a) 10its processes for collecting, organising, storing or retrieving
information, or

(b) its processes (if any) for supplying information to the Board.

(2) A public authority must have regard to any code of practice under this
section in making such changes.

(3) 15The Board may at any time revise a code of practice under this section
and, if it decides to do so, must publish the code as revised.

(4) In preparing or revising a code of practice under this section, the Board
must consult—

(a) the Minister for the Cabinet Office,

(b) 20the Scottish Ministers,

(c) the Welsh Ministers,

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

(e) such other persons as the Board thinks fit.

(5) The fact that this section was not in force when consultation of the kind
25mentioned in subsection (4) took place is to be disregarded in
determining whether there has been compliance with that subsection.

(6) After preparing or revising a code of practice under this section the
Board must lay the code, or the code as revised, before—

(a) Parliament,

(b) 30the Scottish Parliament,

(c) the National Assembly for Wales, and

(d) the Northern Ireland Assembly.

(7) The reference in subsection (1) to making changes to a process includes
introducing or removing a process.

(8) 35This section binds the Crown.

(9) The reference to the Crown in subsection (8) does not include—

(a) Her Majesty in Her private capacity,

(b) Her Majesty in right of the Duchy of Lancaster, or

(c) the Duke of Cornwall.”

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74 Disclosure by the Statistics Board to devolved administrations

After section 53 of the Statistics and Registration Service Act 2007 insert—

53A Disclosure by the Board to devolved administrations

(1) Subject to this section, the Board may disclose information held by the
5Board in connection with the exercise of any of its functions to a
devolved authority.

(2) In this section “devolved authority” means—

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

(b) the Welsh Ministers,

(c) 10the Department of Finance in Northern Ireland, or

(d) the Registrar General for Northern Ireland.

(3) Information may only be disclosed under this section for the purposes
of any or all of the statistical functions of a devolved authority.

(4) Information may only be disclosed under this section in response to a
15request in writing by a devolved authority which specifies—

(a) the information which is sought, and

(b) the purposes for which it is sought.

(5) A request under subsection (4) may request information to be disclosed
on more than one date specified in the notice within a period specified
20in the notice.

(6) Information may be disclosed under this section only if—

(a) the Board is satisfied that the information is required for the
purposes of the statistical functions of the devolved authority
which are specified in the request,

(b) 25the Board is satisfied that the information will not be used for
any other purpose, and

(c) if the information was obtained by the Board from a public
authority, the authority consents to the disclosure.

(7) The Board may—

(a) 30disclose information under this section subject to conditions to
be met by the devolved authority;

(b) from time to time modify conditions subject to which
information has been disclosed;

(c) in the case of information which it is disclosing in response to a
35request to which subsection (5) applies, cease to disclose
information in response to the request if any of the conditions
are breached.

(8) A devolved authority may only use information disclosed under this
section for the purposes for which it was disclosed.

(9) 40In the application of section 39 to personal information which has been
disclosed to a devolved authority under this section, paragraphs (c)
and (i) of subsection (4) of that section do not apply.

(10) This section does not authorise the making of a disclosure which
would—

(a) 45breach any obligation of confidence owed by the Board,

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(b) contravene the Data Protection Act 1998,

(c) be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the
Investigatory Powers Act 2016, or

(d) breach any other restriction on the disclosure of information
5(however imposed).

(11) 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 (10)(c) has effect as if it
included a reference to that Part.

(12) 10Nothing in this section affects the scope of the powers in sections 51 to
53.”

Part 6 Miscellaneous

OFCOM: reports etc

75 15OFCOM reports on infrastructure etc

(1) The Communications Act 2003 is amended as follows.

(2) After section 134A insert—

134AA Additional OFCOM reports on infrastructure etc

(1) OFCOM may prepare reports dealing with—

(a) 20any of the electronic communications network matters listed in
section 134B(1);

(b) any of the electronic communications services matters listed in
section 134B(2).

(2) OFCOM may publish a report under this section in such manner as
25they consider appropriate for bringing it to the attention of persons
who, in their opinion, are likely to have an interest in it.

(3) Before publishing a report under this section OFCOM must consider—

(a) whether any of the information to be contained in it is
information that they could refuse to disclose in response to a
30request under the Freedom of Information Act 2000, and

(b) if so, whether that information should be excluded from the
report.

(4) This section does not affect OFCOM’s duty to prepare reports under
section 134A.

134AB 35 Publication of information required for purpose of preparing reports

(1) OFCOM may publish—

(a) any relevant section 135 information, and

(b) any information derived from relevant section 135 information.

(2) Before publishing information under this section OFCOM must
40consider—