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.