Schedule 7: Information: restrictions on disclosure
239.This Schedule sets out the restrictions on the disclosure of information to and from the NCA. Part 1 sets out the statutory restrictions; Part 2 sets out the restrictions on disclosure of particular types of information; Part 3 sets out the restriction on further disclosure of information; Part 4 sets out the restrictions on published information; Part 5 sets out the wrongful disclosure offences; and Part 6 sets out the consent and interpretation provisions.
Part 1: Statutory restrictions
240.Paragraph 1 provides that nothing in Part 1 of the Act (including in particular section 6(1) and (7) will authorise or require the disclosure of information to or from the NCA which is in contravention of the Data Protection Act 1998 or of Part 1 of the Regulation of Investigatory Powers Act 2000 (“RIPA”).
Part 2: Restrictions on disclosures of particular types of information
241.Paragraph 2 (HMRC and customs information). Sub-paragraph (1) provides that an NCA officer must not disclose HMRC information, personal customs information or personal customs revenue information unless consent is provided by the relevant authority. Sub-paragraph (2) provides that if an NCA officer has disclosed this information, a person must not further disclose it unless the relevant authority consents. Sub-paragraph (3) defines the terms “HMRC information”, “personal customs information” and “relevant authority”.
242.Paragraph 3 (social security information). Sub-paragraph (1) provides that an NCA officer must not disclose social security information unless consent is provided by the relevant authority. Sub-paragraph (2) provides that if an NCA officer has disclosed this information to a person, that person must not further disclose it unless the relevant authority consents. Sub-paragraph (3) defines the terms “relevant authority” and “social security information”.
243.Paragraph 4 (intelligence service information). Sub-paragraph (1) provides that an NCA officer must not disclose intelligence service information unless consent is provided by the relevant authority. Sub-paragraph (2) provides that if an NCA officer has disclosed this information, a person must not further disclose it unless the relevant authority consents. Sub-paragraph (3) defines the terms “intelligence service” and “intelligence service information” and “relevant authority”.
244.Paragraph 5 (arrangements for publishing information) makes provision that the Director General must not disclose information under their duty to make arrangements for the publication of information set out in section 6 if this would breach a requirement imposed by the Framework Document.
Part 3: Restrictions on further disclosures of information
245.Paragraph 6 (onward disclosure restrictions) Sub-paragraph (1) provides that if an NCA officer has disclosed information to a person (“the original recipient”), that person must not further disclose the information unless it is for a purpose connected with any relevant function of the original recipient or otherwise for a permitted purpose (as defined in section 16(1)). The Director General must also consent to the disclosure. Sub-paragraph (2) provides that the onward disclosure restrictions set out in sub-paragraph (1) will not apply if paragraph 7 or 8 of the Schedule applies, or if the original recipient of the information was the Lord Advocate exercising functions under Part 3 of the POCA or Scottish Ministers exercising functions under or in relation to Part 5 of the POCA. Sub-paragraph (3) defines the term “relevant function” which is referred to in this paragraph.
246.Paragraph 7 (onward disclosure by the Commissioners). Sub-paragraph (1) provides that this provision applies to information disclosed by an NCA officer under section 7(7) to the Commissioners. Sub-paragraph (2) provides that the information may be further disclosed by the Commissioners only if the disclosure is for a purpose connected with any relevant function of the Commissioners or otherwise for a permitted purpose (as defined in section 16(1)). Sub-paragraph (3) provides that the information may only be further disclosed by a person other than the commissioner if the disclosure is for a purpose connected with any relevant function of the Commissioners or otherwise for a permitted purpose, and if the Director General consents to the disclosure.
247.Paragraph 8 covers restrictions on the further disclosure of information obtained by the NCA under Part 6 of the POCA, which may be disclosed by an NCA officer under section 7(7) of the Act.
Part 4: Published information: no restrictions on further disclosure
248.Paragraph 9 disapplies any restrictions on the further disclosure of information in Part 1 of the Act if the information was included in an NCA annual plan, framework document or annual report, or was otherwise published by the NCA in accordance with arrangements made under section 6.
Part 5: Offences relating to wrongful disclosure of information
249.Paragraph 10 covers the offence of wrongful disclosure of information. Sub-paragraph (1) provides that an NCA officer commits an offence by disclosing information in breach of a relevant duty. Sub-paragraph (2) provides that any person commits an offence if they disclose information that breached a relevant duty. Sub-paragraph (3) provides for the defence by a person charged with this offence that the disclosure was either lawful or that the information had already and lawfully been made available to the public. Sub-paragraph (4) covers the consent for a prosecution to be made in England and Wales and Northern Ireland. Sub-paragraph (5) provides that this offence does not prejudice the pursuit of any remedy or action taken in relation to a breach of a relevant duty. Sub-paragraph (6) states that a person guilty of the offence is liable on conviction on indictment to either a prison term not exceeding 2 years or a fine, or both. Sub-paragraph (7) provides that a person guilty of the offence is liable on summary conviction to either a prison term not exceeding 12 months in England and Wales and in Scotland, or 6 months on conviction in Northern Ireland, or a fine not exceeding the statutory maximum, or both. Sub-paragraph (8) provides that the maximum prison term in England and Wales is 6 months for an offence committed before the commencement of section 282 of the Criminal Justice Act 2003.
250.Paragraph 11 provides that consent to a disclosure of information under any provision of Schedule 7 may be given in relation to a particular disclosure or disclosures made in circumstances specified or described in the consent.
251.Paragraph 12 defines the terms “Commissioners” and “PCA 2002” used in this Schedule.
