SCHEDULES

SCHEDULE 4E+WASB case reviews: supplementary provision

PART 3E+WASB case reviews

InformationE+W

7(1)The relevant bodies in a local government area may request any person to disclose information for a purpose connected with the carrying out of an ASB case review.E+W

(2)If such a request is made to a person that exercises public functions, and that person possesses the requested information in connection with the exercise of such functions, the person must (subject to sub-paragraph (4)) comply with the request.

(3)If such a request is made to a person who is not required by sub-paragraph (2) to disclose the requested information, the person may (subject to sub-paragraph (4)) comply with the request.

(4)This paragraph does not require or authorise—

(a)a disclosure, in contravention of any provisions of [F1the data protection legislation], of personal data which [F2is] not exempt from those provisions, or

(b)a disclosure which is prohibited by [F3 any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016].

(5)Subject to that, a disclosure under this paragraph 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).

[F4(6)In this paragraph, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).]

Textual Amendments

F1Words in Sch. 4 para. 7(4) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 185(2)(a) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F2Word in Sch. 4 para. 7(4) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 185(2)(b) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F3Words in Sch. 4 para. 7(4)(b) substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 32 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)

Commencement Information

I1Sch. 4 para. 7 in force at 20.10.2014 by S.I. 2014/2590, art. 3(f)