Digital Economy Bill (HL Bill 122)

(a) services 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
5defined by section 108(1) of the National Health Service (Scotland) Act
1978, 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
10practical assistance provided for individuals aged 18 or over who, by reason of
age, 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 67(12).

15CHAPTER 6 Disclsoure by revenue authorities

77 Disclosure of non-identifying information by HMRC

(1) A Revenue and Customs official may disclose to any person information held
by the Revenue and Customs in connection with a function of the Revenue and
20Customs if—

(a) the information is non-identifying information, and

(b) the official thinks that the disclosure would be in the public interest.

(2) Information is non-identifying information for the purposes of this section if—

(a) it is not, and has never been, identifying information, or

(b) 25it has been created by combining identifying information, but is not
itself identifying information.

(3) Information is identifying information for the purposes of this section if it
relates to a person whose identity—

(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.

(4) In this section—

(a) “Revenue and Customs official” has the meaning given by section
3518(4)(a) of the Commissioners for Revenue and Customs Act 2005,

(b) “the Revenue and Customs” has the meaning given by section 17(3) of
that Act, and

(c) “function of the Revenue and Customs” has the meaning given by
section 18(4)(c) of that Act.

78 40Disclosure of non-identifying information by the Welsh Revenue Authority

(1) A relevant official of the Welsh Revenue Authority may disclose relevant
information to any person if—

(a) the information is non-identifying information, and

(b) the official thinks that the disclosure would be in the public interest.

(2) Information is non-identifying information for the purposes of this section if—

(a) it is not, and has never been, identifying information, or

(b) it has been created by combining identifying information, but is not
5itself identifying information.

(3) Information is identifying information for the purposes of this section if it
relates to a person whose identity—

(a) is specified in the information,

(b) can be deduced from the information, or

(c) 10can be deduced from the information taken together with any other
information.

(4) In this section—

(a) “relevant official of the Welsh Revenue Authority” means a person
within any of paragraphs (a) to (d) of section 17(2) of the Tax Collection
15and Management (Wales) Act 2016, and

(b) “relevant information” means information which—

(i) is held by the Welsh Revenue Authority in connection with its
functions, or

(ii) is held by a person to whom any of the functions of the Welsh
20Revenue Authority have been delegated in connection with
those functions.

79 Disclosure of non-identifying information by Revenue Scotland

(1) A relevant official of Revenue Scotland may disclose to any person information
held by a relevant person in connection with a relevant function if—

(a) 25the information is non-identifying information, and

(b) the official thinks that the disclosure would be in the public interest.

(2) Information is non-identifying information for the purposes of this section if—

(a) it is not, and has never been, identifying information, or

(b) it has been created by combining identifying information, but is not
30itself identifying information.

(3) Information is identifying information for the purposes of this section if it
relates to a person whose identity—

(a) is specified in the information,

(b) can be deduced from the information, or

(c) 35can be deduced from the information taken together with any other
information.

(4) In this section—

(a) “relevant official of Revenue Scotland” means a relevant official as
defined by section 15(2) of the Revenue Scotland and Tax Powers Act
402014,

(b) “relevant person” has the meaning given by section 13(2) of that Act,
and

(c) “relevant function” means a function mentioned in section 13(3)(a),
(b)(i) or (c)(i) of that Act.

80 Disclosure of employer reference information by HMRC

(1) A Revenue and Customs official may disclose employer reference information
held by the Revenue and Customs to the Employers’ Liability Tracing Office
for use by it for the permitted purpose.

(2) 5The Employers’ Liability Tracing Office is the company registered in England
and Wales with the company registration number 06964651.

(3) The permitted purpose is the purpose of providing assistance in connection
with—

(a) claims against an employer, or an employer’s insurer, arising from
10personal injury or death that occurred, or is alleged to have occurred,
in the course of a person’s employment by that employer, or

(b) applications for a payment under the Diffuse Mesothelioma Payment
Scheme established under the Mesothelioma Act 2014.

(4) “Employer reference information” means any of the following information
15relating to an employer—

(a) the employer’s name and address;

(b) any combination of numbers, letters or characters that is uniquely
associated with the employer and used by Revenue and Customs to
identify or refer to the employer, whether generally or for particular
20purposes.

(5) References in this section to an employer include references to a person who
has at any time been an employer.

(6) In this section—

• “employer” and “employment” have the same meaning as in the
  25employment income Parts of the Income Tax (Earnings and Pensions)
  Act 2003;

• “Revenue and Customs official” has the meaning given by section 18(4)(a)
  of the Commissioners for Revenue and Customs Act 2005;

• “the Revenue and Customs” has the meaning given by section 17(3) of that
  30Act.

CHAPTER 7 Statistics

81 Disclosure of information by HMRC to the Statistics Board

(1) Section 45 of the Statistics and Registration Service Act 2007 (disclosure of
35HMRC information to the Statistics Board) is amended as follows.

(2) In subsection (2) omit “, other than its function under section 22 (statistical
services)”.

(3) After subsection (2) insert—

“(2A) In determining whether the condition in subsection (2) is met the
40Commissioners must have regard to any views of the Board which have
been communicated to them.”

(4) In subsection (3) omit “, other than its function under section 22”.

(5) After that subsection insert—

“(3A) 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 Commissioners.”

(6) 5After subsection (4) insert—

“(4A) In disclosing information under subsection (1), the Commissioners or
an officer of Revenue and Customs must have regard to the following
codes of practice issued by the Information Commissioner under
section 51(3) of the Data Protection Act 1998, so far as they apply to the
10information in question—

(a) any code which makes provision about the identification and
reduction of the risks to privacy of a proposal to disclose
information;

(b) any code which makes provision about the information to be
15provided to data subjects (within the meaning of that Act) about
the use to be made of information collected from them.

(4B) The duty in subsection (4A) to have regard to a code of practice does
not affect any other requirement for the Commissioners or an officer of
Revenue and Customs to have regard to a code of practice under the
20Data Protection Act 1998 in disclosing the information.

(4C) In determining how to comply with the duty in subsection (4A) the
Commissioners or the officer of Revenue and Customs must have
regard to any views of the Board which are communicated to the
Commissioners or the officer.”

(7) 25Omit subsection (5) (which prevents the disclosure of personal information not
relating to imports or exports).

82 Disclosure of information by public authorities to the Statistics Board

(1) The Statistics and Registration Service Act 2007 is amended as follows.

(2) After section 45 insert—

“45A 30Information held by other public authorities

(1) A public authority to which this section applies may, subject to this
section, disclose to the Board any information held by the authority in
connection with its functions.

(2) This section applies to a public authority other than—

(a) 35the 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
exercise one or more of its functions.

(4) 40In 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
Board 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) 5Where 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) In disclosing information under subsection (1), a public authority must
10have regard to the following codes of practice issued by the
Information Commissioner under section 51(3) of the Data Protection
Act 1998, so far as they apply to the information in question—

(a) any code which makes provision about the identification and
reduction of the risks to privacy of a proposal to disclose
15information;

(b) any code which makes provision about the information to be
provided to data subjects (within the meaning of that Act) about
the use to be made of information collected from them.

(9) The duty in subsection (8) to have regard to a code of practice does not
20affect any other requirement for the public authority to have regard to
a code of practice under the Data Protection Act 1998 in disclosing the
information.

(10) In determining how to comply with the duty in subsection (8) the
public authority must have regard to any views of the Board which are
25communicated to the authority.

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

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

(b) any other restriction on the disclosure of information (however
30imposed).

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

(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
35Investigatory Powers Act 2016, or

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

(13) 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
40Powers Act 2016 is fully in force, subsection (12)(b) has effect as if it
included a reference to that Part.

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

(3) Omit—

(a) 45section 47 (power to authorise disclosure to the Board);

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

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

(a) in subsection (4) omit “47(11),”,

(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) 10In section 67 (general interpretation) for the definition of “enactment”
substitute—

• ““enactment” includes—

  (a)

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

  (b)

  15an enactment contained in, or in an instrument made
  under, 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)

  20an enactment contained in, or in an instrument made
  under, Northern Ireland legislation;”.

83 Access to information by Statistics Board

After section 45A of the Statistics and Registration Service Act 2007  (inserted
by section 82) insert—

“45B 25Access to information held by Crown bodies etc

(1) This 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
30the Prudential Regulation Authority),

(c) a 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) 35the Payment Systems Regulator established under section 40 of
the 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
40connection with its functions, and

(b) is 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) 45would contravene the Data Protection Act 1998,

(b) would 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) 5Until 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 (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
10with the following provisions of this section.

(6) The 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
15disclosed, and

(b) specify 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) 20indicates that it is willing to provide the information and gives
the 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) 25the public authority fails to respond to the request in
accordance 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
30the information requested, but the Board considers that the
public 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) 35In subsection (10) “the relevant legislature” means Parliament, subject
as follows.

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

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

(b) 40is a Scottish public authority with mixed functions or no
reserved 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
45the Government of Wales Act 2006.

(14) The 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
5Act 1998).

(15) This section does not apply to—

(a) Her Majesty in Her private capacity,

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

(c) the Duke of Cornwall.

(16) 10Until the coming into force of section 12 of the Bank of England and
Financial 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
15apply (other than one within subsection (15) of that section).

(2) Subject 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) 20is specified, or is of a kind specified, in the notice.

(3) A 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
25specify the date by which or the period within which the information
must 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
30consult the Board before making changes to—

(a) its 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
35introducing or removing a process.

(8) The 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
40giving a notice under subsection (2) to a public authority which is a
Scottish 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
Wales 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
5authority 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
10Act 1998).

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

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

(a) 15might prejudice national security,

(b) would contravene the Data Protection Act 1998,

(c) would 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
20enactment to the extent that it implements EU legislation.

(14) 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 (13)(c) has effect as if it
included a reference to that Part.

45D 25Power to require disclosure by undertakings

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

(a) is held by the undertaking, and

(b) 30is specified, or is of a kind specified, in the notice.

(2) A notice under subsection (1) may require information to be disclosed
on 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
35specify the date by which or the period within which the information
must be disclosed.

(4) A 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
40the Board before making changes to—

(a) its 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.

(6) The reference in subsection (5) to making changes to a process includes
45introducing or removing a process.

(7) The Board may give a notice under subsection (1) only if the Board
requires 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
5comply with it.

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

(a) might prejudice national security,

(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
109 of the Investigatory Powers Act 2016.

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

(11) 15Subject to subsection (13), in this section “undertaking” means—

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

(b) any charity.

(12) In subsection (11) “charity” means a body, or the trustees of a trust,
20established for charitable purposes only.

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

(a) a public authority;

(b) a micro business;

(c) a small business.

(14) 25Section 33 of the Small Business, Enterprise and Employment Act 2015
(definitions of small and micro business) and regulations made under
that 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) 30Information 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) Information 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
35information.

(3) Where personal information is disclosed under section 45B, 45C or 45D,
the 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) 40A disclosure pursuant to section 45B, 45C or 45D 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).

(5) 45The Board must prepare and publish a statement of—