PART 6Information and records

Part 6: supplementary29

1

A disclosure of information under regulation 28 does not breach any restriction on such disclosure imposed by statute or otherwise.

2

But nothing in that regulation authorises a disclosure that—

a

contravenes the data protection legislation, or

b

is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 201619.

3

Nothing in this Part is to be read as requiring a person who has acted or is acting as counsel or solicitor for any person to disclose any privileged information in their possession in that capacity.

4

Regulation 28 does not limit the circumstances in which information may be disclosed apart from that regulation.

5

Nothing in this Part limits any conditions which may be contained in a Treasury licence.

6

In this regulation—

  • “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act)20;

  • “privileged information” means information with respect to which a claim to legal professional privilege (in Scotland, to confidentiality of communications) could be maintained in legal proceedings.