Part 7

General

Confidentiality
139
1
A person who obtains confidential information, or to whom confidential information is provided, under or for the purposes of a relevant provision must not disclose it except with lawful authority.
2
These are the relevant provisions—
a
sections 26 and 27 and regulations under section 27A;
b
Part 4;
c
regulations and rules under Part 4.
3
Information is confidential if it relates to an identified or identifiable individual (a “subject”).
4
Confidential information is disclosed with lawful authority only if and to the extent that any of the following applies—
a
the disclosure is with the consent of each person who is a subject of the information (but this is subject to subsection (5));
b
the disclosure is for (and is necessary for) the exercise by any person of functions under a relevant provision;
c
the disclosure is for (and is necessary for) the exercise of functions under section 11(3A) of the Supreme Court Act 1981 (c. 54) or a decision whether to exercise them;
d
the disclosure is for (and is necessary for) the exercise of powers to which section 108 applies, or a decision whether to exercise them;
e
the disclosure is required, under rules of court or a court order, for the purposes of legal proceedings of any description.
5
An opinion or other information given by one identified or identifiable individual (A) about another (B)—
a
is information that relates to both;
b
must not be disclosed to B without A's consent.
6
This section does not prevent the disclosure with the agreement of the Lord Chancellor and the Lord Chief Justice of information as to disciplinary action taken in accordance with a relevant provision.
7
This section does not prevent the disclosure of information which is already, or has previously been, available to the public from other sources.
8
A contravention of this section in respect of any information is actionable, subject to the defences and other incidents applying to actions for breach of statutory duty.
9
But it is actionable only at the suit of a person who is a subject of the information.
Words in s. 139(2)(a) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 7(8); S.I. 2013/2200, art. 3(d) (with savings in S.I. 2013/2193, reg. 23)