PART VI N.I.MISCELLANEOUS

InformationN.I.

[F1Unauthorised disclosure of informationN.I.

64B—(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.]

Textual Amendments