Part XXIII

Public Record, Disclosure of Information and Co-operation

Disclosure of information

Competition information
351
1
A person is guilty of an offence if he has competition information (whether or not it was obtained by him) and improperly discloses it—
a
if it relates to the affairs of an individual, during that individual’s lifetime;
b
if it relates to any particular business of a body, while that business continues to be carried on.
2
For the purposes of subsection (1) a disclosure is improper unless it is made—
a
with the consent of the person from whom it was obtained and, if different—
i
the individual to whose affairs the information relates, or
ii
the person for the time being carrying on the business to which the information relates;
b
to facilitate the performance by a person mentioned in the first column of the table set out in Part I of Schedule 19 of a function mentioned in the second column of that table;
c
in pursuance of a Community obligation;
d
for the purpose of criminal proceedings in any part of the United Kingdom;
e
in connection with the investigation of any criminal offence triable in the United Kingdom or any part of the United Kingdom;
f
with a view to the institution of, or otherwise for the purposes of, civil proceedings brought under or in connection with—
i
a competition provision; or
ii
a specified enactment.
3
A person guilty of an offence under this section 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 to both.
4
Section 348 does not apply to competition information.
5
“Competition information” means information which—
a
relates to the affairs of a particular individual or body;
b
is not otherwise in the public domain; and
c
was obtained under or by virtue of a competition provision.
6
“Competition provision” means any provision of—
a
an order made under section 95;
b
Chapter III of Part X; or
c
Chapter II of Part XVIII.
7
“Specified enactment” means an enactment specified in Part II of Schedule 19.