Unauthorised disclosure of information6
1
A person to whom paragraph (2) applies is guilty of an offence if the person discloses without lawful authority any information—
a
which is, or is derived from, information provided under Regulation 3 or 5; and
b
which relates to a particular person.
2
This paragraph applies to—
a
any person who is a relevant person, a designated person, a class teacher or the Education Authority; and
b
any other person who uses any information which he knows has been disclosed in contravention of these Regulations or discloses such information to another person.
3
It is a defence for a person charged with an offence under this Regulation to show that at the time of the alleged offence—
a
they believed that the disclosure in question was made with lawful authority and had no reasonable cause to believe otherwise; or
b
they believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.
4
A person who is guilty of an offence under this Regulation is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
5
For the purposes of this Regulation a disclosure of information by a person is to be regarded as made with lawful authority if, and only if, it is made—
a
in the course of and for the purposes of that person’s employment where that person is a relevant person, a designated person, a class teacher or the Education Authority;
b
in accordance with these Regulations;
c
in accordance with any other statutory provision or order of a court;
d
for the purposes of any civil or criminal proceedings howsoever arising; or
e
with the consent of the person to whom the information relates.