Digital Economy Bill (HC Bill 45)

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(4) Once the review is completed the relevant Minister must—

(a) publish a report on its outcome, and

(b) lay, or arrange for the laying of, a copy of the report before—

(i) Parliament,

(ii) 5the Scottish Parliament,

(iii) the National Assembly for Wales, and

(iv) the Northern Ireland Assembly.

(5) If as a result of the review the relevant Minister decides that this Chapter
should be amended or repealed, the relevant Minister may by regulations
10amend or repeal it (as the case may be).

(6) The relevant Minister may only make regulations under subsection (5) with the
consent of the Treasury in a case where the regulations could affect the
disclosure of information by the Revenue and Customs.

(7) Anything required to be published by this section is to be published in such
15manner as the relevant Minister thinks fit.

54 Regulations under this Chapter

(1) Any power to make regulations under this Chapter is exercisable—

(a) in the case of regulations made by the relevant Minister or the Welsh
Ministers, by statutory instrument, and

(b) 20in the case of regulations made by the Department of Finance in
Northern Ireland, by statutory rule for the purposes of the Statutory
Rules (Northern Ireland) Order 1979 (SI 1979/1573 (NI 12)SI 1979/1573 (NI 12)).

(2) Regulations under this Chapter—

(a) may make different provision for different purposes;

(b) 25may contain consequential, supplementary, transitional or transitory
provision or savings.

(3) The provision that may be made by virtue of subsection (2)(b) includes—

(a) provision amending this Chapter or repealing or revoking any
provision of this Chapter;

(b) 30provision amending, repealing or revoking an enactment passed or
made before or in the same session as this Act.

(4) In the case of regulations under section 48(5) which specify a person or
description of person, this includes provision amending this Chapter so as to
make provision in relation to information disclosed by that person or a person
35of that description which is similar to that made by section 51 in relation to
information disclosed by the Revenue and Customs.

(5) A statutory instrument containing regulations made under this Chapter by the
relevant Minister may not be made unless a draft of the instrument has been
laid before, and approved by a resolution of, each House of Parliament.

(6) 40Regulations made under section 48(5) by the Scottish Ministers are subject to
the affirmative procedure.

(7) A statutory instrument containing regulations made under section 48(5) by the
Welsh Ministers may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, the National Assembly for Wales.

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(8) Regulations under section 48(5) may not be made by the Department of
Finance in Northern Ireland unless a draft of the regulations has been laid
before, and approved by a resolution of, the Northern Ireland Assembly.

(9) If a draft of a statutory instrument containing regulations under section 48(5)
5would, apart from this subsection, be treated for the purposes of the standing
orders of either House of Parliament as a hybrid instrument, it is to proceed in
that House as if it were not such an instrument.

55 Interpretation of this Chapter

(1) In this Chapter—

  • 10“the appropriate national authority” means the relevant Minister, subject
    to subsections (2) to (7);

  • “enactment” includes—

    (a)

    an enactment contained in, or in an instrument made under, an
    Act of the Scottish Parliament;

    (b)

    15an enactment contained in, or in an instrument made under, a
    Measure or Act of the National Assembly for Wales;

    (c)

    an enactment contained in, or in an instrument made under,
    Northern Ireland legislation;

    (d)

    an enactment contained in subordinate legislation within the
    20meaning of the Interpretation Act 1978;

  • “functions” means functions of a public nature;

  • “personal information” has the meaning given by section 49(4);

  • “public authority” has the meaning given by section 48(11);

  • “relevant Minister” means the Secretary of State or the Minister for the
    25Cabinet Office;

  • “the Revenue and Customs” has the meaning given by section 17(3) of the
    Commissioners for Revenue and Customs Act 2005;

  • “specified person” has the meaning given by section 48(5).

(2) The Scottish Ministers are the appropriate national authority in relation to
30regulations under section 48(5) which specify a person who is, or a description
of persons each of whom is, a Scottish body.

(3) In subsection (2) “Scottish body” means—

(a) a person who is a part of the Scottish Administration,

(b) a Scottish public authority with mixed functions or no reserved
35functions (within the meaning of the Scotland Act 1998), or

(c) a person providing services to a person within paragraph (a) or (b).

(4) The Welsh Ministers are the appropriate national authority in relation to
regulations under section 48(5) which specify a person who is, or a description
of persons each of whom is, a Welsh body.

(5) 40In subsection (4) “Welsh body” means—

(a) a person who wholly or mainly exercises functions which could be
conferred on the person by provision which falls within the legislative
competence of the National Assembly for Wales, or

(b) a person providing services to a person within paragraph (a).

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(6) The Department of Finance in Northern Ireland is the appropriate national
authority in relation to regulations under section 48(5) which specify a person
who is, or a description of persons each of whom is, a Northern Ireland body.

(7) In subsection (6) “Northern Ireland body” means—

(a) 5a Minister within the meaning of the Northern Ireland Act 1998,

(b) a Northern Ireland department,

(c) a Northern Ireland public authority within the meaning of the Statistics
and Registration Service Act 2007, or

(d) a person providing services to a person within paragraph (a), (b) or (c).

CHAPTER 5 10Sharing for research purposes

56 Disclosure of information for research purposes

(1) Information held by a public authority in connection with the authority’s
functions may be disclosed to another person for the purposes of research
which is being or is to be carried out.

(2) 15If the information is personal information it may not be disclosed under
subsection (1) unless the following conditions are met.

(3) The first condition is that, if the information identifies a particular person, it is
processed before it is disclosed so that—

(a) the person’s identity is not specified in the information, and

(b) 20it is not reasonably likely that the person’s identity will be deduced
from the information (whether by itself or taken together with other
information).

(4) The second condition is that each person who is involved in processing the
information for disclosure takes reasonable steps to—

(a) 25minimise the risk of the accidental disclosure of information which
identifies a particular person, and

(b) prevent the deliberate disclosure of such information (otherwise than
in accordance with this Chapter).

(5) The third condition is that the disclosure is made by the public authority or by
30a person who is involved in processing the information for disclosure under
this section.

(6) The fourth condition is that the research for the purposes of which the
information is disclosed is accredited under section 61.

(7) The fifth condition is that the following are accredited under section 61—

(a) 35any person other than the public authority who is involved in
processing the information for disclosure under this section;

(b) any person to whom information is disclosed under this section;

(c) any person by whom such information is used for research purposes.

(8) The sixth condition is that each person who discloses the information or is
40involved in processing it for disclosure under this section has regard to the
code of practice under section 60 in doing so.

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(9) A public authority may disclose personal information to another person for the
purposes of the processing of information for disclosure under this section.

(10) For the purposes of this Chapter information is “personal information” if—

(a) it relates to a particular person (including a body corporate), but

(b) 5it is not information about the internal administrative arrangements of
a public authority.

(11) For the purposes of this Chapter information identifies a particular person if
the identity of that person—

(a) is specified in the information,

(b) 10can be deduced from the information, or

(c) can be deduced from the information taken together with any other
information.

(12) This section is subject to section 57.

57 Provisions supplementary to section 56

(1) 15A disclosure under section 56 does not breach—

(a) any obligation of confidence owed by the person making the
disclosure, or

(b) any other restriction on the disclosure of information (however
imposed).

(2) 20But nothing in section 56 authorises information to be disclosed if to do so
would—

(a) contravene the Data Protection Act 1998, or

(b) be prohibited by Part 1 of the Regulation of Investigatory Powers Act
2000.

(3) 25Section 56 does not limit the circumstances in which information may be
disclosed apart from that section.

(4) A person within subsection (5) may charge a person who requests information
to be disclosed under section 56 a fee for work done in response to the request.

(5) The persons mentioned in subsection (4) are—

(a) 30the public authority to whom the request is made, and

(b) a person who is involved in processing the information for disclosure.

(6) A fee charged under subsection (4) by a public authority (including a person
within subsection (5)(b) who is a public authority) must not exceed the cost to
the person of doing the work for which the fee is charged.

58 35Bar on further disclosure of personal information

(1) This section applies to personal information which—

(a) identifies a particular person, and

(b) is received by a person (“P”) under section 56(9) (disclosure for
processing).

(2) 40Personal information to which this section applies may not be disclosed—

(a) by P, or

(b) by any other person who has received it directly or indirectly from P.

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(3) Subsection (2) does not apply to a disclosure—

(a) which is required or permitted by any enactment,

(b) which is required by an EU obligation,

(c) which is made in pursuance of an order of the court,

(d) 5of information which has already lawfully been made available to the
public,

(e) which is made for the purposes of a criminal investigation (whether or
not in the United Kingdom),

(f) which is made for the purposes of legal proceedings (whether civil or
10criminal and whether or not in the United Kingdom), or

(g) which is made with the consent of the person to whom it relates.

(4) In subsection (3)(a) “enactment” includes—

(a) an enactment contained in, or in an instrument made under, an Act of
the Scottish Parliament;

(b) 15an enactment contained in, or in an instrument made under, a Measure
or Act of the National Assembly for Wales;

(c) an enactment contained in, or in an instrument made under, Northern
Ireland legislation;

(d) an enactment contained in subordinate legislation within the meaning
20of the Interpretation Act 1978.

(5) A person who contravenes subsection (2) is guilty of an offence.

(6) It is a defence for a person charged with an offence under subsection (5) to
prove that the person reasonably believed that the disclosure was lawful.

(7) A person who is guilty of an offence under subsection (5) is liable on conviction
25on indictment to imprisonment for a term not exceeding two years, to a fine or
to both.

(8) A person who is guilty of an offence under subsection (5) is liable on summary
conviction—

(a) in England and Wales, to imprisonment for a term not exceeding 12
30months, to a fine or to both;

(b) in Scotland, to imprisonment for a term not exceeding 12 months, to a
fine not exceeding the statutory maximum or to both;

(c) in Northern Ireland, to imprisonment for a term not exceeding 6
months, to a fine not exceeding the statutory maximum or to both.

(9) 35In the application of subsection (8)(a) to an offence committed before the
coming into force of section 154(1) of the Criminal Justice Act 2003 the
reference to 12 months is to be read as a reference to 6 months.

(10) This section does not apply to personal information disclosed under section
56(9) by the Revenue and Customs.

59 40Information disclosed by the Revenue and Customs

(1) This section applies to personal information which—

(a) identifies a particular person, and

(b) is disclosed by the Revenue and Customs under section 56(9)
(disclosure for processing) and received by a person (“P”).

(2) 45Personal information to which this section applies may not be disclosed—

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(a) by P, or

(b) by any other person who has received it directly or indirectly from P.

(3) Subsection (2) does not apply to a disclosure which is made with the consent
of the Commissioners for Her Majesty’s Revenue and Customs (which may be
5general or specific).

(4) A person who contravenes subsection (2) is guilty of an offence.

(5) It is a defence for a person charged with an offence under subsection (4) to
prove that the person reasonably believed—

(a) that the disclosure was lawful, or

(b) 10that the information had already and lawfully been made available to
the public.

(6) Subsections (4) to (7) of section 19 of the Commissioners for Revenue and
Customs Act 2005 apply to an offence under subsection (4) as they apply to an
offence under that section.

60 15Code of practice

(1) The Statistics Board must issue a code of practice about—

(a) the disclosure of information under section 56,

(b) the processing of information under that section, and

(c) the holding or use of information disclosed under that section.

(2) 20A public authority must have regard to the code of practice in disclosing or
participating in the processing of information under section 56.

(3) A person who is accredited under section 61(1)(a) must have regard to the code
of practice in participating in the processing of information for disclosure
under section 56.

(4) 25A person who is accredited under section 61(1)(b) or (c) must have regard to
the code of practice in holding or using information disclosed under section 56.

(5) The Statistics Board may from time to time revise and re-issue the code of
practice.

(6) Before issuing or reissuing the code of practice the Statistics Board must
30consult—

(a) the Minister for the Cabinet Office,

(b) the Information Commissioner,

(c) the Commissioners for Her Majesty’s Revenue and Customs,

(d) the Scottish Ministers,

(e) 35the Welsh Ministers,

(f) the Department of Finance in Northern Ireland, and

(g) such other persons as the Statistics Board thinks appropriate.

(7) The fact that this section was not in force when consultation of the kind
mentioned in subsection (6) took place is to be disregarded in determining
40whether there has been compliance with that subsection.

(8) As soon as is reasonably practicable after issuing or reissuing the code of
practice the Statistics Board must lay a copy of it before—

(a) Parliament,

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(b) the Scottish Parliament,

(c) the National Assembly for Wales, and

(d) the Northern Ireland Assembly.

61 Accreditation for the purposes of this Chapter

(1) 5The Statistics Board—

(a) may accredit a person as a person who may be involved in the
processing of information for disclosure under section 56,

(b) may accredit a person as a person to whom information may be
disclosed under that section,

(c) 10may accredit a person as a person by whom information disclosed
under that section may be used for research purposes,

(d) may accredit research for the purposes of that section, and

(e) may withdraw accreditation given under any of paragraphs (a) to (d).

(2) The Statistics Board—

(a) 15must establish and publish conditions to be met by a person for
accreditation under subsection (1)(a), (b) or (c),

(b) must establish and publish conditions to be met by research for
accreditation under subsection (1)(d), and

(c) must establish and publish grounds for the withdrawal of accreditation
20under subsection (1)(e).

(3) The conditions established and published under subsection (2)(a) must, in the
case of a person seeking accreditation to be involved in the processing of
information for disclosure under section 56, include a condition that the person
is a fit and proper person to be involved in such processing.

(4) 25The conditions established and published under subsection (2)(b) must include
a condition that the research is in the public interest.

(5) The grounds established and published under subsection (2)(c) must, in the
case of a person accredited under this section, include the ground that the
person has failed to have regard to the code of practice under section 60.

(6) 30Before publishing conditions under subsection (2)(a) or (b) or grounds under
subsection (2)(c), the Statistics Board must consult—

(a) the Minister for the Cabinet Office,

(b) the Information Commissioner,

(c) the Commissioners for Her Majesty’s Revenue and Customs,

(d) 35the Scottish Ministers,

(e) the Welsh Ministers,

(f) the Department of Finance in Northern Ireland, and

(g) such other persons as the Statistics Board thinks appropriate.

(7) The Statistics Board must maintain and publish—

(a) 40a register of persons who are accredited under subsection (1)(a),

(b) a register of persons who are accredited under subsection (1)(b), and

(c) a register of persons who are accredited under subsection (1)(c).

(8) A register under any of the paragraphs of subsection (7) may be combined with
a register under any of the other paragraph of that subsection.

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(9) Anything required by this section to be published must be published in such
manner as the Statistics Board thinks appropriate for bringing it to the
attention of persons likely to be affected by it.

62 Delegation of functions of Statistics Board

(1) 5The Statistics Board may delegate any of its functions under section 61 to
another person if the Board thinks that the person—

(a) is a fit and proper person to exercise the function in question, and

(b) has expertise in statistical research and analysis.

(2) Subsection (1) does not affect the operation of section 36 of the Statistics and
10Registration Service Act 2007 (delegation of Board’s functions).

63 Interpretation of this Chapter

(1) In this Chapter—

  • “personal information” has the meaning given by section 56(10);

  • “public authority” means a person with functions of a public nature,
    15subject to subsection (2);

  • “the Revenue and Customs” has the meaning given by section 17(3) of the
    Commissioners for Revenue and Customs Act 2005.

(2) Neither of the following is a public authority for the purposes of this Chapter—

(a) a person providing health services;

(b) 20a person providing services for the purposes of adult social care.

(3) In subsection (2)(a) “health services” means—

(a) services which must or may be provided as part of the health service as
defined by section 275(1) of the National Health Service Act 2006 or
section 206(1) of the National Health Service (Wales) Act 2006,

(b) 25services which must or may be provided as part of the health service as
defined by section 108(1) of the National Health Service (Scotland) Act
1978, or

(c) services designed to secure any of the objects of section 2(1)(a) of the
Health and Social Care (Reform) Act (Northern Ireland) 2009.

(4) 30In subsection (2)(b) “adult social care” includes all forms of personal care and
other practical assistance provided for individuals aged 18 or over who, by
reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol
or drugs, or any other similar circumstances, are in need of such care or
assistance.

(5) 35References in this Chapter to information which identifies a particular person
are to be read in accordance with section 56(11).

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CHAPTER 6 Her Majesty's Revenue and Customs

64 Disclosure of non-identifying information by HMRC

(1) A Revenue and Customs official may disclose to any person information held
by the Revenue and Customs in connection with a function of the Revenue and
5Customs if—

(a) the information is non-identifying information, and

(b) the official thinks that the disclosure would be in the public interest.

(2) Information is non-identifying information for the purposes of this section if—

(a) it is not, and has never been, identifying information, or

(b) 10it has been created by combining identifying information, but is not
itself identifying information.

(3) Information is identifying information for the purposes of this section if it
relates to a person whose identity—

(a) is specified in the information,

(b) 15can be deduced from the information, or

(c) can be deduced from the information taken together with any other
information.

(4) In this section—

(a) “Revenue and Customs official” has the meaning given by section
2018(4)(a) of the Commissioners for Revenue and Customs Act 2005,

(b) “the Revenue and Customs” has the meaning given by section 17(3) of
that Act, and

(c) “function of the Revenue and Customs” has the meaning given by
section 18(4)(c) of that Act.

CHAPTER 7 25Statistics

65 Disclosure of information by HMRC to the Statistics Board

(1) Section 45 of the Statistics and Registration Service Act 2007 (disclosure of
HMRC information to the Statistics Board) is amended as follows.

(2) In subsection (2) omit “, other than its function under section 22 (statistical
30services)”.

(3) After subsection (2) insert—

(2A) In determining whether the condition in subsection (2) is met the
Commissioners must have regard to any views of the Board which have
been communicated to them.”

(4) 35In subsection (3) omit “, other than its function under section 22”.

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(5) After that subsection insert—

(3A) Information disclosed under subsection (1) may not be used by the
Board for the purposes of its function under section 22 (statistical
services) except with the consent of the Commissioners.”

(6) 5Omit subsection (5) (which prevents the disclosure of personal information not
relating to imports or exports).

66 Disclosure of information by public authorities to the Statistics Board

(1) The Statistics and Registration Service Act 2007 is amended as follows.

(2) After section 45 insert—

45A 10Information held by other public authorities

(1) A public authority to which this section applies may, subject to this
section, disclose to the Board any information held by the authority in
connection with its functions.

(2) This section applies to a public authority other than—

(a) 15the Commissioners for Her Majesty’s Revenue and Customs, or

(b) an officer of Revenue and Customs.

(3) A public authority may disclose information under subsection (1) only
if it is satisfied that the Board requires the information to enable it to
exercise one or more of its functions.

(4) 20In determining whether the condition in subsection (3) is met the public
authority must have regard to any views of the Board which have been
communicated to the authority.

(5) Information disclosed under subsection (1) may only be used by the
Board for the purposes of any one or more of its functions.

(6) 25Information disclosed under subsection (1) may not be used by the
Board for the purposes of its function under section 22 (statistical
services) except with the consent of the public authority which
disclosed the information.

(7) Where personal information is disclosed by a public authority to the
30Board under subsection (1), the Board may not disclose the information
to an approved researcher under section 39(4)(i) except with the
consent of the public authority.

(8) A disclosure under subsection (1) does not breach—

(a) any obligation of confidence owed by the public authority
35making the disclosure, or

(b) any other restriction on the disclosure of information (however
imposed).

(9) But subsection (1) does not authorise the making of a disclosure
which—

(a) 40contravenes the Data Protection Act 1998,

(b) is prohibited by Part 1 of the Regulation of Investigatory Powers
Act 2000, or