PART 3Information and directions
Confidential information11
1
Subject to paragraph (2), confidential information must not be disclosed by any of the following (each a “primary recipient”)—
a
the FCA;
b
any person who is or has been an officer of the FCA;
c
a skilled person;
d
any person who is or has been employed by a skilled person,
or by any person obtaining the information directly or indirectly from a primary recipient.
2
This regulation does not prevent disclosure where the disclosure—
a
has the consent of—
i
the person from whom the primary recipient obtained the information; and
ii
if different, the person to whom it relates;
b
is made in accordance with regulation 12;
c
is made by a skilled person to the FCA (and the FCA is then treated for the purposes of paragraph (1) as a person obtaining the information from a primary recipient); or
d
is required by law.
3
In this regulation, “confidential information” means information which—
a
relates to the business or other affairs of any person;
b
was received by the primary recipient for the purposes of, or in the discharge of, any functions of the primary recipient under these Regulations; and
c
is not prevented from being confidential information by paragraph (4).
4
Information is not confidential information if—
a
it has been made available to the public by virtue of being disclosed in any circumstances in which, or for any purposes for which, disclosure is not precluded by this regulation; or
b
it is in the form of a summary or collection of information so framed that it is not possible to ascertain from it information relating to any particular person.