PART VIMISCELLANEOUS

Information

F1Unauthorised disclosure of information64B

1

An employee of a council commits an offence if he discloses without lawful authority any information—

a

which he acquired in the course of his employment;

b

which is, or is derived from, information supplied to the council under Article 64A; and

c

which relates to a particular dwelling-house or person.

2

It is not an offence under this Article to disclose information which has previously been disclosed to the public with lawful authority.

3

It is a defence for a person charged with an offence under this Article to show that at the time of the alleged offence—

a

he believed that he was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise; or

b

he believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.

4

A person who is guilty of an offence under this Article shall be liable—

a

on summary conviction, to a fine not exceeding the statutory maximum;

b

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

5

For the purposes of this Article a disclosure of information is to be regarded as made with lawful authority if, and only if, it is made—

a

in accordance with his official duty by an employee of the council;

b

in accordance with any statutory provision or order of a court;

c

for the purposes of any criminal proceedings; or

d

with the consent of the person to whom the information relates.