PART 1

FINES AND OTHER PENALTIES: ENFORCEMENT
CHAPTER 1

Collection of Fines etc.

Deductions from benefits

Disclosure of information
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1
The Department for Social Development, or a person providing services to that Department, may disclose social security information to a court or a collection officer for the purpose of—
a
facilitating a decision by the court or officer whether or not to make an application for deduction from benefits, or
b
facilitating the making of the application by the court or officer.
2
In subsection (1), “social security information” means—
a
information which is held by the Department for the purposes of functions relating to social security,
b
information which is held by a person providing services to the Department in connection with the provision of those services, or
c
information which is held with information of the description given in paragraph (a) or (b).
3
A person to whom information is disclosed under this section commits an offence if the person—
a
discloses the information to another person, or
b
uses the information for a purpose other than a purpose referred to in subsection (1).
4
It is not an offence under subsection (3)—
a
to disclose any information in accordance with a statutory provision or with an order of a court or of a tribunal established by or under a statutory provision or for the purposes of any proceedings before a court,
b
to disclose or use any information which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it, or
c
to disclose or use any information which has previously been lawfully disclosed to the public.
5
It is a defence for a person charged with an offence under subsection (3) to prove that the person reasonably believed that the disclosure or use was lawful.
6
A person guilty of an offence under subsection (3) is 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 to a fine or both.
7
Nothing in this section authorises the making of a disclosure which contravenes the Data Protection Act 1998.
8
In this section, “information” means information held in any form.