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Equality Act 2006

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6DisclosureE+W+S

This section has no associated Explanatory Notes

(1)A person who is or was a Commissioner, an Investigating Commissioner, an employee of the Commission or a member of a committee established by the Commission commits an offence if he discloses information to which this section applies unless subsection (3) authorises the disclosure.

(2)This section applies to information acquired by the Commission—

(a)by way of representations made in relation to, or otherwise in the course of, an inquiry under section 16,

(b)by way of representations made in relation to, or otherwise in the course of, an investigation under section 20,

(c)by way of representations made in relation to, or otherwise in the course of, an assessment under section 31,

(d)by way of representations made in relation to, or otherwise in connection with, a notice under section 32, or

(e)from a person with whom the Commission enters into, or considers entering into, an agreement under section 23.

(3)This subsection authorises a disclosure made—

(a)for the purpose of the exercise of a function of the Commission under any of sections 16, 20, 21, 24, 25, 31 and 32,

(b)in a report of an inquiry, investigation or assessment published by the Commission,

(c)in pursuance of an order of a court or tribunal,

(d)with the consent of each person to whom the disclosed information relates,

(e)in a manner that ensures that no person to whom the disclosed information relates can be identified,

(f)for the purpose of civil or criminal proceedings to which the Commission is party, or

(g)if the information was acquired by the Commission more than 70 years before the date of the disclosure.

(4)But subsection (3) does not authorise, nor may the Commission make, a disclosure of information provided by or relating to an intelligence service unless the service has authorised the disclosure.

(5)In subsection (4) “intelligence service” means—

(a)the Security Service,

(b)the Secret Intelligence Service, and

(c)the Government Communications Headquarters.

(6)A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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