§
40 Clause 33, page 25, line 46, at end insert—
(": or
(d) the person making the disclosure has reasonable grounds for believing that the disclosure falls within any of the foregoing paragraphs of this subsection.").
§
41 Page 26, leave out lines 1 and 2 and insert—
("(5A) Section 4(3)(d) above does not apply to any disclosure falling within paragraph (a), (b) or (c) of subsection (5) above: and that subsection shall apply to the restriction on disclosure in section 32(6) above as it applies to the non-disclosure provisions.").
§ These amendments have one thing in common. They are designed to avoid making a user liable to prosecution for an absolute offence in cases where he has reasonable grounds for believing that what he is doing is permissible or where he has taken reasonable precautions to prevent something that is not permissible taking place. Amendment No. 34 provides that a user will not lose exemption under Clause 32(2) and will not therefore commit the absolute offence of holding data without being registered if he has taken reasonable care to prevent any use or disclosure of data in breach of conditions attached to the exemption. Similarly, with like effect, Amendment No. 35 provides that a user does not lose his exemption if he discloses data to a person he reasonably believes to be entitled to receive the data but who, in fact, is not so entitled. Amendment No. 40 makes the same sort of change to Clause 33(5), which concerns certain exemptions from the non-disclosure provisions, while Amendment No. 41 is purely consequential. I beg to move.
§ Moved, That this House doth agree with the Commons in the said amendments.—(Lord Elton.)
§ On Question, Motion agreed to.