Part 3

Other measures to prevent or disrupt serious and other crime
Chapter 1

Prevention of fraud

Sharing information with anti-fraud organisations

Disclosure of information to prevent fraud
68
1
A public authority may, for the purposes of preventing fraud or a particular kind of fraud, disclose information as a member of a specified anti-fraud organisation or otherwise in accordance with any arrangements made by such an organisation.
2
The information—
a
may be information of any kind; and
b
may be disclosed to the specified anti-fraud organisation, any members of it or any other person to whom disclosure is permitted by the arrangements concerned.
3
Disclosure under this section does not breach—
a
any obligation of confidence owed by the public authority disclosing the information; or
b
any other restriction on the disclosure of information (however imposed).
4
But nothing in this section authorises any disclosure of information which—
a
contravenes the data protection legislation; or
b
is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
This section does not limit the circumstances in which information may be disclosed apart from this section.
8
In this section—
- “an anti-fraud organisation” means any unincorporated association, body corporate or other person which enables or facilitates any sharing of information to prevent fraud or a particular kind of fraud or which has any of these functions as its purpose or one of its purposes;
- “
the data protection legislation
” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
- “information” includes documents;
- “public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998 (c. 42)
(acts of public authorities); and
- “specified” means specified by an order made by the Secretary of State.
S. 68(8) in force at 1.3.2008 by S.I. 2008/219, art. 3(e)
S. 68(1)-(7) in force at 1.10.2008 by S.I. 2008/2504, art. 2(b)
Words in s. 68(4)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 145(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
Words in s. 68(8) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 145(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
Words in s. 68(4)(b) substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 19(2) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)
S. 68(5) repealed (8.11.2021) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 98(a), 206(1); S.S.I. 2021/355, art. 2
S. 68(6) repealed (8.11.2021) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 98(a), 206(1); S.S.I. 2021/355, art. 2