Search Legislation

Statistics and Registration Service Act 2007

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Use and disclosure of information by the Board

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Statistics and Registration Service Act 2007, Cross Heading: Use and disclosure of information by the Board. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Use and disclosure of information by the BoardU.K.

38Use of information by the BoardU.K.

(1)Any information obtained by the Board in relation to the exercise of any of its functions may be used by it in relation to the exercise of any of its other functions.

(2)Subsection (1) does not apply to information obtained by the Board in relation to the exercise of its functions under sections 12(1) and 14(1).

(3)Subsection (1) does not apply to information obtained by the Board in relation to the exercise of its functions under section 22, unless the person from whom the Board receives the information consents to its use as specified in that subsection.

(4)Subsection (1) is subject to any enactment which restricts or prohibits the use or disclosure of information.

Commencement Information

I1S. 38 in force at 1.4.2008 by S.I. 2008/839, art. 2

39Confidentiality of personal informationU.K.

(1)Subject to this section, personal information held by the Board in relation to the exercise of any of its functions must not be disclosed by—

(a)any member or employee of the Board,

(b)a member of any committee of the Board, or

(c)any other person who has received it directly or indirectly from the Board.

(2)In this Part “personal information” means information which relates to and identifies a particular person (including a body corporate); but it does not include information about the internal administrative arrangements of the Board (whether relating to its members, employees or other persons).

(3)For the purposes of subsection (2) information identifies a particular person if the identity of that person—

(a)is specified in the information,

(b)can be deduced from the information, or

(c)can be deduced from the information taken together with any other published information.

(4)Subsection (1) does not apply to a disclosure which—

(a)is required or permitted by any enactment,

(b)is required by a [F1EU] obligation,

(c)is necessary for the purpose of enabling or assisting the Board to exercise any of its functions,

(d)has already lawfully been made available to the public,

(e)is made in pursuance of an order of a court,

(f)is made for the purposes of a criminal investigation or criminal proceedings (whether or not in the United Kingdom),

F2(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)is made with the consent of the person to whom it relates, or

(i)is made to an approved researcher.

(5)For the purposes of subsection (4)(i), “approved researcher” means an individual to whom the Board has granted access, for the purposes of statistical research, to personal information held by it.

(6)The Board is from time to time to publish criteria by reference to which it will determine whether to grant access as specified in subsection (5).

(7)Those criteria must require the Board to consider—

(a)whether the individual is a fit and proper person, and

(b)the purpose for which access is requested.

(8)The Board may not grant access to an individual as specified in subsection (5) unless he has first signed a declaration, in such form as the Board may determine, that he understands the requirements of this section.

(9)A person who contravenes subsection (1) is guilty of an offence and liable—

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

(b)on summary conviction, to imprisonment for a term not exceeding twelve months, or to a fine not exceeding the statutory maximum, or both.

(10)Subsection (9) does not apply where the individual making the disclosure reasonably believes—

(a)in the case of information which is personal information by virtue of subsection (3)(a), that the identity of the person to whom it relates is not specified in the information,

(b)in the case of information which is personal information by virtue of subsection (3)(b), that the identity of that person cannot be deduced from the information, or

(c)in the case of information which is personal information by virtue of subsection (3)(c), that the identity of that person cannot be deduced from the information taken together with any other published information.

(11)In the application of this section —

(a)in England and Wales, in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44),

(b)in Scotland, until the commencement of section 45(1) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), or

(c)in Northern Ireland,

the reference in subsection (9)(b) to twelve months is to be read as a reference to three months.

40Freedom of informationU.K.

(1)Section 44 of the Freedom of Information Act 2000 (c. 36) (prohibitions on disclosure) does not, by virtue of section 39 above, apply to personal information which—

(a)is held by a public authority who has received it directly or indirectly from the Board, and

(b)is not held by that authority on behalf of the Board.

(2)In subsection (1) “public authority” has the same meaning as in the Freedom of Information Act 2000.

(3)Section 26 of the Freedom of Information (Scotland) Act 2002 (asp 13) (prohibitions on disclosure) does not, by virtue of section 39 above, apply to personal information which—

(a)is held by a Scottish public authority who has received it directly or indirectly from the Board, and

(b)is not held by that authority on behalf of the Board.

(4)In subsection (3) “Scottish public authority” has the same meaning as in the Freedom of Information (Scotland) Act 2002.

Commencement Information

I3S. 40 in force at 1.12.2007 by S.I. 2007/3388, art. 2(f)

41Disclosure of information to service providersU.K.

The Board may disclose any information obtained by it in connection with any function exercised by it to any person providing services to the Board, if the Board considers it necessary or appropriate to do so for the purpose of the provision of those services.

Commencement Information

I4S. 41 in force at 1.4.2008 by S.I. 2008/839, art. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources