§ (1) A person who obtains confidential information, or to whom confidential information is provided, under or for the purposes of a relevant provision must not disclose it except with lawful authority.
§ (2) These are the relevant provisions—
- (a) sections 18 to 23;
- (b) Part 3;
- (c) regulations and rules under Part 3.
§ (3) Information is confidential if it relates to an identified or identifiable individual (a "subject").
§ (4) Confidential information is disclosed with lawful authority only if and to the extent that any of the following applies—
- (a) the disclosure is with the consent of each person who is a subject of the information (but this is subject to subsection (5));
- (b) the disclosure is for (and is necessary for) the exercise by any person of functions under a relevant provision;
- (c) the disclosure is for (and is necessary for) the exercise of functions under section 11(3A) of the Supreme Court Act 1981 (c. 54) or a decision whether to exercise them;
- (d) the disclosure is for (and is necessary for) the exercise of powers to which section 88 applies, or a decision whether to exercise them;
- (e) the disclosure is required, under rules of court or a court order, for the purposes of legal proceedings of any description.
§ (5) An opinion or other information given by one identified or identifiable individual (A) about another (B)—
- (a) is information that relates to both;
- (b) must not be disclosed to B without A's consent.
§ (6) This section does not prevent the disclosure with the agreement of the Lord Chancellor and the Lord Chief Justice of information as to disciplinary action taken in accordance with a relevant provision.
§ (7) This section does not prevent the disclosure of information which is already, or has previously been, available to the public from other sources.
§ (8) A contravention of this section in respect of any information is actionable, subject to the defences and other incidents applying to actions for breach of statutory duty.
§ (9) But it is actionable only at the suit of a person who is a subject of the information."
§ On Question, amendment agreed to.
§ Clause 106 [Functions of the Minister not to be transferred by order]:
§ Baroness Ashton of Upholland moved Amendment No. 71:
§ Leave out Clause 106.
§ On Question, amendment agreed to.
§ Baroness Ashton of Upholland moved Amendments Nos. 72 and 73:
§ After Clause 106, insert the following new clause—