SCHEDULES
SCHEDULE 9Disclosure of information
PART 2Offences relating to disclosure and use of protected information
Prohibition on disclosing protected information
I1C12
Protected information must not be disclosed—
a
by the original holder of the information, or
b
by any other person holding it who has received it directly or indirectly from the original holder by virtue of a disclosure, or disclosures, in accordance with this Schedule,
except in accordance with Part 3 of this Schedule.
Offence of disclosing protected information in contravention of paragraph 2
I2C23
It is an offence for a person to disclose information in contravention of paragraph 2.
Offence of using protected information in contravention of a restriction in Part 3
I3C34
It is an offence for a person to use protected information in contravention of a restriction under paragraph 10(3), 11(2), 12(2), 13(2), 14(2) or 15(2).
Defence to offences under paragraphs 3 and 4
I45
It is a defence for a person charged with an offence under paragraph 3 or 4 to prove—
a
that the person did not know and had no reason to suspect that the information was protected information, or
b
that the person took all reasonable precautions and exercised all due diligence to avoid committing the offence.
Penalty for offences under paragraphs 3 and 4
I56
1
A person who commits an offence under paragraph 3 or 4 is liable—
a
on summary conviction—
i
to imprisonment for a term not exceeding 12 months (in England and Wales or Scotland) or 6 months (in Northern Ireland),
ii
to a fine (in England and Wales) or a fine not exceeding the statutory maximum (in Scotland or Northern Ireland), or
iii
to both;
b
on conviction on indictment—
i
to imprisonment for a term not exceeding 2 years,
ii
to a fine, or
iii
to both.
F12
In the application of this paragraph in England and Wales, the reference in sub-paragraph (1)(a)(i) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).