Part V Immigration Advisers and Immigration Service Providers
Miscellaneous
93 Information.
1
No enactment or rule of law prohibiting or restricting the disclosure of information prevents a person from—
a
giving the Commissioner information which is necessary for the discharge of his functions; or
b
giving the F1First-tier Tribunal information which is necessary for the discharge of its functions.
2
No relevant person may at any time disclose information which—
a
has been obtained by, or given to, the Commissioner under or for purposes of this Act,
b
relates to an identified or identifiable individual or business, and
c
is not at that time, and has not previously been, available to the public from other sources,
unless the disclosure is made with lawful authority.
3
For the purposes of subsection (2), a disclosure is made with lawful authority only if, and to the extent that—
a
it is made with the consent of the individual or of the person for the time being carrying on the business;
b
it is made for the purposes of, and is necessary for, the discharge of any of the Commissioner’s functions under this Act F2...;
c
it is made for the purposes of any civil or criminal proceedings arising under or by virtue of this Part, or otherwise; or
d
having regard to the rights and freedoms or legitimate interests of any person, the disclosure is necessary in the public interest.
4
A person who knowingly or recklessly discloses information in contravention of subsection (2) is guilty of an offence and liable—
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine.
5
“Relevant person” means a person who is or has been—
a
the Commissioner;
b
a member of the Commissioner’s staff; or
c
an agent of the Commissioner.