Part 3Other measures to prevent or disrupt serious and other crime

Chapter 1Prevention of fraud

Sharing information with anti-fraud organisations

I169Offence for certain further disclosures of information

1

A person (“B”) commits an offence, subject as follows, if—

a

B discloses protected information which has been disclosed by a public authority—

i

as a result of the public authority being a member of a specified anti-fraud organisation; or

ii

otherwise in accordance with any arrangements made by such an organisation;

b

the information—

i

has been so disclosed by the public authority to B; or

ii

has come into B's possession as a result (whether directly or indirectly) of such a disclosure by the public authority to another person; and

c

B knows or suspects, or has reasonable grounds for suspecting, that the information is information of the kind mentioned in paragraphs (a) and (b).

2

Subsection (1) does not apply to a disclosure made by B—

a

where B is acting (whether as an employee or otherwise) on behalf of the person to whom the information was disclosed by the public authority concerned and the disclosure by B is to another person acting (whether as an employee or otherwise) on behalf of that person;

b

for the purposes of the detection, investigation or prosecution of an offence in the United Kingdom;

c

with the consent of the public authority concerned; or

d

in pursuance of F1F3an assimilated obligation or a duty imposed by an enactment;

but it does apply to a disclosure made by B which does not fall within paragraphs (a) to (d) above but which (but for the offence) would have been permitted by a power conferred by an enactment.

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4

It is a defence for a person charged with an offence under this section to prove that the person reasonably believed—

a

that the disclosure was lawful; or

b

that the information had already and lawfully been made available to the public.

5

In this section “protected information” means—

a

any revenue and customs information disclosed by Revenue and Customs and revealing the identity of the person to whom it relates; or

b

any specified information disclosed by a specified public authority.

6

For the purposes of this section—

a

“revenue and customs information” means information about, acquired as a result of or held in connection with the exercise of a function of the Commissioners of Revenue and Customs or an officer of Revenue and Customs in respect of a person;

b

revenue and customs information reveals a person's identity if—

i

it specifies his identity; or

ii

his identity can be deduced from it; and

c

revenue and customs information relates to a person if he is the person in respect of whom the function mentioned in paragraph (a) is exercised.

7

In this section—

  • “Commissioners of Revenue and Customs” means Commissioners for Her Majesty's Revenue and Customs;

  • “enactment” has the same meaning as in section 14;

  • “public authority” has the same meaning as in section 68;

  • “Revenue and Customs” means—

    1. a

      the Commissioners of Revenue and Customs;

    2. b

      an officer of Revenue and Customs; or

    3. c

      a person acting on behalf of the Commissioners or an officer of Revenue and Customs;

  • “specified anti-fraud organisation” means any person which is a specified anti-fraud organisation for the purposes of section 68;

  • “specified information” means information specified or described in an order made by the Secretary of State; and

  • “specified public authority” means a public authority specified or described in an order made by the Secretary of State.