Digital Economy Bill (HL Bill 122)

Digital Economy BillPage 50

(3) A civil registration official must have regard to the code of practice in
disclosing information under section 19AA.

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

(5) 5Before issuing or revising the code of practice the Registrar General
must consult—

(a) the Minister,

(b) the Information Commissioner, and

(c) such other persons as the Registrar General thinks fit.

(6) 10The Registrar General may not issue the code of practice unless a draft
of the code has been laid before, and approved by a resolution of, each
House of Parliament.

(7) Before reissuing the code the Registrar General must lay a draft of the
code as proposed to be reissued before Parliament.

(8) 15The Registrar General may not reissue the code if, within the 40-day
period, either House of Parliament resolves not to approve it.

(9) In subsection (8) “the 40 day period” means—

(a) the period of 40 days beginning with the day on which the draft
is laid before Parliament, or

(b) 20if the draft is not laid before each House on the same day, the
period of 40 days beginning with the later of the days on which
it is laid before Parliament.

(10) For the purposes of subsection (9) no account is to be taken of any
period during which Parliament is dissolved or prorogued or during
25which both Houses are adjourned for more than four days.

(11) In disclosing information under section 19AA, a civil registration
official 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 information in
30question—

(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
35provided to data subjects (within the meaning of that Act) about
the use to be made of information collected from them.

(12) The duty in subsection (11) does not affect any other requirement for
the civil registration official to have regard to a code of practice in
disclosing the information.”

(3) 40In section 19B (fees in respect of provision of copies of records etc)—

(a) after subsection (1) insert—

(1A) The Minister may by regulations provide for fees to be payable
to a civil registration official in respect of the disclosure by the
official of information under section 19AA.”,

(b) 45in subsections (2) and (3), for “The regulations” substitute “Regulations
under this section”, and

Digital Economy BillPage 51

(c) in the heading, omit “in respect of provision of copies of records etc”.

(4) In section 21(1) (interpretation), after “respectively—” insert—

  • ““civil registration official” has the meaning given by section
    19AA;”.

50 5Consequential provision

(1) The Secretary of State may by regulations make the provision in subsection (2)
in consequence of any provision made by section 49.

(2) The provision mentioned in subsection (1) is provision amending, repealing or
revoking any provision of any enactment passed or made before or in the same
10Session as this Act.

(3) Regulations under this section must be made by statutory instrument.

(4) Regulations under this section may—

(a) make different provision for different purposes;

(b) contain transitional or transitory provision or savings.

(5) 15A statutory instrument containing regulations under this section which amend
or repeal an Act 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) A statutory instrument containing any other regulations under this section is
subject to annulment in pursuance of a resolution of either House of
20Parliament.

(7) In this section “enactment” includes an enactment contained in subordinate
legislation within the meaning of the Interpretation Act 1978.

CHAPTER 3 Debt owed to the public sector

51 25Disclosure of information to reduce debt owed to the public sector

(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 the taking of action in connection with debt owed to a public authority or to
the Crown.

(2) 30For the purposes of this section and Schedule 7 debt is owed to a public
authority or to the Crown if—

(a) a person is required to pay a sum of money to a public authority or to
the Crown, and

(b) all or part of that sum remains unpaid after the date on which, or after
35the end of the period within which, it is required to be paid.

(3) For the purposes of this section and Schedule 7 taking action in connection
with debt owed to a public authority or to the Crown includes—

(a) identifying debt of that kind;

(b) collecting debt of that kind;

(c) 40bringing civil proceedings as a result of debt of that kind;

(d) taking administrative action as a result of debt of that kind.

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(4) In this Chapter “specified person” means a person specified, or of a description
specified, in Schedule 7.

(5) The appropriate national authority may by regulations amend Schedule 7 so as
to add, remove or modify an entry relating to a person or description of person.

(6) 5Regulations under subsection (5) may add an entry relating to a person or a
description of person to Schedule 7 only if the following conditions are
satisfied.

(7) The first condition is that—

(a) the person is a public authority or (as the case may be) each person of
10that description is a public authority, or

(b) the person provides services to a public authority or (as the case may
be) each person of that description provides services to a public
authority.

(8) The second condition is that the person or (as the case may be) a person of that
15description (“P” in either case)—

(a) requires information from a public authority or a person providing
services to a public authority to improve P’s ability to identify, manage
or recover debt owed to a public authority or to the Crown,

(b) has information which, if shared with a public authority or a person
20providing services to a public authority, has the potential to improve
that authority’s or that person’s ability to identify, manage or recover
such debt, or

(c) has functions relating to the management or recovery of such debt the
exercise of which may be improved by the disclosure of information by
25or to P.

(9) In 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.

(10) 30In determining whether to make regulations under subsection (5) 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
that person or persons of that description, and

(b) 35in the case of regulations which remove a person from Schedule 7,
whether that person, or any person providing services to that person,
has had regard to the code of practice under section 55 as required by
that section.

(11) Before making regulations under subsection (5) the appropriate national
40authority 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 subsection (5),

(d) 45where 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.

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(12) The fact that this section was not in force when consultation of the kind
mentioned in subsection (11) took place is to be disregarded in determining
whether there has been compliance with that subsection.

52 Further provisions about power in section 51

(1) 5Personal information disclosed under section 51 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) Subsection (1) does not prevent the use of information by a person—

(a) if the information has already lawfully been made available to the
10public,

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

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

(d) 15for the purposes of a criminal investigation,

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

(f) for the purposes of safeguarding vulnerable adults or children, or

(g) for the purposes of protecting national security.

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

(a) 20is 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) Subsection (2) does not apply to information disclosed to a person under
section 51 by the Revenue and Customs; but such information may be used by
25that 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) For the purposes of this Chapter information is “personal information” if—

(a) it relates to and identifies a particular person (including a body
30corporate), but

(b) it is not information about the internal administrative arrangements of
a specified person.

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

(a) 35is specified in the information,

(b) can be deduced from the information, or

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

(7) A disclosure under section 51 does not breach—

(a) 40any obligation of confidence owed by the person making the
disclosure, or

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

(8) But nothing in section 51 authorises the making of a disclosure which—

(a) 45contravenes the Data Protection Act 1998, or

Digital Economy BillPage 54

(b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the
Investigatory 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
5fully in force, subsection (8)(b) has effect as if it included a reference to that
Part.

(10) Section 51 does not limit the circumstances in which information may be
disclosed apart from that section.

53 Confidentiality of personal information

(1) 10Personal information received by a person (“P”) under section 51 may not be
disclosed—

(a) by 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) 15which is required or permitted by any enactment (including section 51),

(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
public,

(e) 20which 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
criminal),

(h) 25which is a protected disclosure for any of the purposes of the
Employment 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
30interest,

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

(k) which is made for the purposes of safeguarding vulnerable adults or
children, or

(l) which is made for the purposes of protecting national security.

(3) 35In 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
that person’s occupation of residential premises.

(4) A person commits an offence if—

(a) 40the person discloses personal information in contravention of
subsection (1), 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.

Digital Economy BillPage 55

(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) A person who is guilty of an offence under subsection (4) is liable on summary
5conviction—

(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
fine not exceeding the statutory maximum or to both;

(c) 10in 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
reference to 12 months is to be read as a reference to 6 months.

(8) 15This section does not apply to personal information disclosed under section 51
by the Revenue and Customs.

54 Information disclosed by the Revenue and Customs

(1) Personal information disclosed by the Revenue and Customs under section 51
and received by a person may not be disclosed by that person.

(2) 20Subsection (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) It is a defence for a person charged with an offence under subsection (3) to
25prove 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) Subsections (4) to (7) of section 19 of the Commissioners for Revenue and
30Customs Act 2005 apply to an offence under subsection (3) as they apply to an
offence under that section.

55 Code of practice

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

(a) the disclosure of information under section 51, and

(b) 35the 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) A specified person must have regard to the code of practice in—

(a) 40disclosing information under section 51, 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.

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(5) Before 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) 5the Scottish Ministers,

(d) the 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
10mentioned in subsection (5) took place is to be disregarded in determining
whether there has been compliance with that subsection.

(7) The relevant Minister may not issue the code of practice unless a draft of the
code has been laid before, and approved by a resolution of, each House of
Parliament.

(8) 15Before reissuing the code the relevant Minister must lay a draft of the code as
proposed to be reissued before Parliament.

(9) The relevant Minister may not reissue the code if, within the 40-day period,
either House of Parliament resolves not to approve it.

(10) In subsection (9) “the 40 day period” means—

(a) 20the period of 40 days beginning with the day on which the draft is laid
before Parliament, or

(b) if the draft is not laid before each House on the same day, the period of
40 days beginning with the later of the days on which it is laid before
Parliament.

(11) 25For the purposes of subsection (10) no account is to be taken of any period
during which Parliament is dissolved or prorogued or during which both
Houses are adjourned for more than four days.

(12) 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
30it before—

(a) the Scottish Parliament,

(b) the National Assembly for Wales, and

(c) the Northern Ireland Assembly.

(13) In disclosing information under section 51, a person must have regard to the
35following 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 information;

(b) 40any 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.

(14) The duty in subsection (13) does not affect any other requirement for the
person to have regard to a code of practice in disclosing the information.

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56 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 power in subsection (5) to amend this Chapter—

(a) 25may be exercised for the purposes only of improving the effectiveness
of the operation of the power in section 51(1), and

(b) may not be used to remove any of the safeguards relating to the use or
disclosure of information in section 52, 53 or 54.

(7) The relevant Minister may only make regulations under subsection (5) with the
30consent of the Scottish Ministers if the regulations—

(a) repeal this Chapter,

(b) amend or remove the power of the Scottish Ministers to make
regulations under section 51(5),

(c) affect the disclosure of information under section 51 by a Scottish body
35to another such body,

(d) affect the use by a Scottish body of information disclosed under that
section by such a body, or

(e) affect the further disclosure to a Scottish body by such a body, or by a
member, officer or employee of such a body, of information disclosed
40under this Chapter by a Scottish body.

(8) The relevant Minister may only make regulations under subsection (5) with the
consent of the Welsh Ministers if the regulations—

(a) repeal this Chapter,

(b) amend or remove the power of the Welsh Ministers to make
45regulations under section 51(5),

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(c) affect the disclosure of information under section 51 by a Welsh body
to another such body,

(d) affect the use by a Welsh body of information disclosed under that
section by such a body, or

(e) 5affect the further disclosure to a Welsh body by such a body, or by a
member, officer or employee of such a body, of information disclosed
under this Chapter by a Welsh body.

(9) The relevant Minister may only make regulations under subsection (5) with the
consent of the Department of Finance in Northern Ireland if the regulations—

(a) 10repeal this Chapter,

(b) amend or remove the power of the Department to make regulations
under section 51(5),

(c) affect the disclosure of information under section 51 by a Northern
Ireland body to another such body,

(d) 15affect the use by a Northern Ireland body of information disclosed
under that section by such a body, or

(e) affect the further disclosure to a Northern Ireland body by such a body,
or by a member, officer or employee of such a body, of information
disclosed under this Chapter by a Northern Ireland body.

(10) 20The relevant Minister may only make regulations under subsection (5) with the
consent of the Treasury in a case where the regulations could affect the
disclosure of information by the Revenue and Customs.

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

57 25Regulations under this Chapter

(1) Any 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
30Northern Ireland, by statutory rule for the purposes of the Statutory
Rules (Northern Ireland) Order 1979 (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
35provision or savings.

(3) In the case of regulations under section 51(5) which amend Schedule 7 so as to
add an entry relating to a person or description of person, this includes power
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 54 in relation
40to information disclosed by the Revenue and Customs.

(4) 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.

(5) Regulations made under section 51(5) by the Scottish Ministers are subject to
45the affirmative procedure.

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(6) A statutory instrument containing regulations made under section 51(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.

(7) Regulations under section 51(5) 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.

(8) If a draft of a statutory instrument containing regulations under section 51(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
10that House as if it were not such an instrument.

58 Interpretation of this Chapter

(1) In this Chapter—

  • “the appropriate national authority” means the relevant Minister, subject
    to subsections (2) to (4);

  • 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;

  • “functions” means functions of a public nature;

  • 25“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)

    30a person providing services to a person within paragraph (a),
    (b) or (c);

  • “personal information” has the meaning given by section 52(5);

  • “public authority” means—

    (a)

    a person or body exercising functions of a public nature in the
    35United Kingdom,

    (b)

    a person or body entirely or substantially funded from public
    money,

    (c)

    an office-holder appointed by a person or body falling within
    paragraph (a), or

    (d)

    40a body more than half of whose governing body or members are
    appointed by a person or body falling within paragraph (a);

  • “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
    45Commissioners for Revenue and Customs Act 2005;

  • “Scottish body” means—

    (a)

    a person who is a part of the Scottish Administration,

    Digital Economy BillPage 60

    (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);

  • 5“specified person” has the meaning given by section 51(4);

  • “Welsh body” means—

    (a)

    a 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
    10defined by that section.

(2) The Scottish Ministers are the appropriate national authority in relation to
regulations under section 51(5) which add, modify or remove an entry relating
to a person who is, or a description of persons each of whom is, a Scottish body.

(3) The Welsh Ministers are the appropriate national authority in relation to
15regulations under section 51(5) which add, modify or remove an entry relating
to a person who is, or a description of persons each of whom is, a Welsh body.

(4) The Department of Finance in Northern Ireland is the appropriate national
authority in relation to regulations under section 51(5) which add, modify or
remove an entry relating to a person who is, or a description of persons each of
20whom is, a Northern Ireland body.

CHAPTER 4 Fraud against the public sector

59 Disclosure of information to combat fraud against the public sector

(1) A specified person may disclose information held by the person in connection
25with any of the person’s functions to another specified person for the purposes
of the taking of action in connection with fraud against a public authority.

(2) In this section and in Schedule 8 “fraud against a public authority” means a
fraud offence which involves—

(a) loss to a public authority, or

(b) 30the exposure of a public authority to a risk of loss.

(3) In subsection (2)

(a) “fraud offence” means an offence under section 1 of the Fraud Act 2006
or, in relation to Scotland, an offence of fraud, and

(b) “loss”, as it applies in relation to an offence under section 1 of the Fraud
35Act 2006, has the meaning given by section 5 of that Act.

(4) For the purposes of this section and Schedule 8 taking action in connection
with fraud against a public authority includes any of the following—

(a) preventing fraud of that kind;

(b) detecting fraud of that kind;

(c) 40investigating fraud of that kind;

(d) prosecuting fraud of that kind;

(e) bringing civil proceedings as a result of fraud of that kind;

(f) taking administrative action as a result of fraud of that kind.

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(5) In this Chapter “specified person” means a person specified, or of a description
specified, in Schedule 8.

(6) The appropriate national authority may by regulations amend Schedule 8 so as
to add, remove or modify an entry relating to a person or description of person.

(7) 5Regulations under subsection (6) may add an entry relating to a person or a
description of person to Schedule 8 only if the following conditions are
satisfied.

(8) The first condition is that—

(a) the person is a public authority or (as the case may be) each person of
10that description is a public authority, or

(b) the person provides services to a public authority or (as the case may
be) each person of that description provides services to a public
authority.

(9) The second condition is that the person or (as the case may be) a person of that
15description (“P” in either case)—

(a) requires information from a public authority or a person providing
services to a public authority to improve P’s ability to identify or reduce
the risk of fraud against P or a public authority to which P provides
services,

(b) 20has information which, if shared with a public authority or a person
providing services to a public authority, has the potential to improve
that authority’s or that person’s ability to identify or reduce the risk of
fraud against that authority, or

(c) has functions of taking action in connection with fraud against a public
25authority, the exercise of which may be improved by the disclosure of
information by or to P.

(10) In 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
30purpose.

(11) In determining whether to make regulations under subsection (6) 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
35that person or persons of that description, and

(b) in the case of regulations which remove a person from Schedule 8,
whether that person, or any person providing services to that person,
has had regard to the code of practice under section 63 as required by
that section.

(12) 40Before making regulations under subsection (6) the appropriate national
authority 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
45to regulations under subsection (6),

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

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

(13) The fact this section was not in force when consultation of the kind mentioned
in subsection (12) took place is to be disregarded in determining whether there
5has been compliance with that subsection.

(14) In this Chapter “public authority” means—

(a) a person or body exercising functions of a public nature in the United
Kingdom,

(b) a person or body entirely or substantially funded from public money,

(c) 10an office-holder appointed by a person or body falling within
paragraph (a), or

(d) a body more than half of whose governing body or members are
appointed by a person or body falling within paragraph (a).

60 Further provisions about power in section 59

(1) 15Personal information disclosed under section 59 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) Subsection (1) does not prevent the use of information by a person—

(a) if the information has already lawfully been made available to the
20public,

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

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

(d) 25for the purposes of a criminal investigation,

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

(f) for the purposes of—

(i) preventing serious physical harm to a person,

(ii) preventing loss of human life,

(iii) 30safeguarding vulnerable adults or children,

(iv) responding to an emergency, or

(v) protecting national security.

(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) 35is capable of causing nuisance or annoyance to a person in relation to
that person’s occupation of residential premises.

(4) Subsection (2) does not apply to information disclosed to a person under
section 59 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
40consent of the Commissioners for Her Majesty’s Revenue and Customs (which
may be general or specific).

(5) For 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) 45it is not information about the internal administrative arrangements of
a specified person.

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(6) For the purposes of subsection (1) 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) 5can be deduced from the information taken together with any other
information.

(7) A disclosure under section 59 does not breach—

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

(b) 10any other restriction on the disclosure of information (however
imposed).

(8) But nothing in section 59 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
15Investigatory 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) 20Section 59 does not limit the circumstances in which information may be
disclosed apart from that section.

61 Confidentiality of personal information

(1) Personal information received by a person (“P”) under section 59 may not be
disclosed—

(a) 25by 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 section 59),

(b) which is required by an EU obligation,

(c) 30which 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
prevention of anti-social behaviour,

(f) 35which 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
Employment Rights Act 1996 or the Employment Rights (Northern
40Ireland) 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) which is made with the consent of the person to whom it relates, or

(k) 45which is made for the purposes of—

(i) preventing serious physical harm to a person,

Digital Economy BillPage 64

(ii) preventing loss of human life,

(iii) safeguarding vulnerable adults or children,

(iv) responding to an emergency, or

(v) protecting national security.

(3) 5In 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
that person’s occupation of residential premises.

(4) A person commits an offence if—

(a) 10the person discloses personal information in contravention of
subsection (1), 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.

(5) 15A 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) A person who is guilty of an offence under subsection (4) is liable on summary
conviction—

(a) 20in 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
25months, 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
reference 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 59
30by the Revenue and Customs.

62 Information disclosed by the Revenue and Customs

(1) Personal information disclosed by the Revenue and Customs under section 59
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
35of 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) 40that the disclosure was lawful, or

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