Electronic Communications Act 2000

4 Restrictions on disclosure of information

(1) Subject to the following provisions of this section, no information which—

(a) has been obtained under or by virtue of the provisions of this Part, and

(b) relates to the private affairs of any individual or to any particular business,

shall, during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business.

(2) Subsection (1) does not apply to any disclosure of information which is made—

(a) for the purpose of facilitating the carrying out of any functions under this Part, or any prescribed functions, of the Secretary of State or a person appointed under section 3;

(b) for the purpose of facilitating the carrying out of any functions of a local weights and measures authority in Great Britain;

(c) for the purpose of facilitating the carrying out of prescribed public functions of any person;

(d) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;

(e) for the purposes of any civil proceedings which—

(i) relate to the provision of cryptography support services; and

(ii) are proceedings to which a person approved in accordance with arrangements under section 2 is a party; or

(f) in pursuance of a Community obligation.

(3) In subsection (2)(a) the reference to functions under this Part does not include a reference to any power of the Secretary of State to make regulations.

(4) In subsection (2)(c) “public functions” includes any function conferred by or in accordance with any provision contained in or made under any enactment or Community legislation.

(5) If information is disclosed to the public in circumstances in which the disclosure does not contravene this section, this section shall not prevent its further disclosure by any person.

(6) Any person who discloses any information in contravention of this section shall be guilty of an offence and 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 a fine, or to both.