Unauthorised disclosure of information

6.—(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.