Part 1

The Commission for Equality and Human Rights

The Commission

Disclosure
6
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.