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Data Protection Act 1998

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Commencement Orders bringing legislation that affects this Act into force:

Information provided to Commissioner or TribunalE+W+S+N.I.

58 Disclosure of information.E+W+S+N.I.

No enactment or rule of law prohibiting or restricting the disclosure of information shall preclude a person from furnishing the Commissioner or the Tribunal with any information necessary for the discharge of their functions under this Act [F1or the Freedom of Information Act 2000].

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 58 inserted (30.11.2000) by 2000 c. 36, ss. 18(4), 87(1)(i), Sch. 2 Pt. II para. 18 (with ss. 7(1)(7), 56, 78)

Modifications etc. (not altering text)

C1S. 58 applied (with modifications) (1.3.2000) by S.I. 1999/2093. reg. 32(8)(b)

S. 58 applied (with modifications) (11.12.2003) by The Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426), reg. 28(8)(c) (with regs. 4, 15(3), 28, 29)

59 Confidentiality of information.E+W+S+N.I.

(1)No person who is or has been the Commissioner, a member of the Commissioner’s staff or an agent of the Commissioner shall disclose any information which—

(a)has been obtained by, or furnished to, the Commissioner under or for the purposes of [F2the information Acts],

(b)relates to an identified or identifiable individual or business, and

(c)is not at the time of the disclosure, and has not previously been, available to the public from other sources,

unless the disclosure is made with lawful authority.

(2)For the purposes of subsection (1) a disclosure of information is made with lawful authority only if, and to the extent that—

(a)the disclosure is made with the consent of the individual or of the person for the time being carrying on the business,

(b)the information was provided for the purpose of its being made available to the public (in whatever manner) under any provision of [F2the information Acts],

(c)the disclosure is made for the purposes of, and is necessary for, the discharge of—

(i)any functions under [F2the information Acts], or

(ii)any [F3 EU] obligation,

(d)the disclosure is made for the purposes of any proceedings, whether criminal or civil and whether arising under, or by virtue of, [F2the information Acts] or otherwise, or

(e)having regard to the rights and freedoms or legitimate interests of any person, the disclosure is necessary in the public interest.

(3)Any person who knowingly or recklessly discloses information in contravention of subsection (1) is guilty of an offence.

[F4(4)In this section “the information Acts” means this Act and the Freedom of Information Act 2000.]

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3Word in s. 59(2)(c)(ii) substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), art. 6(1) (with application as mentioned in art. 3(3))

Modifications etc. (not altering text)

C2S. 59(1): disclosure powers extended (14.12.2001) by 2001 c. 24, ss. 17, 127(2)(a), Sch. 4 Pt. I para. 42

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