Regulation 3 Offence of disclosure of restricted information
This regulation applies where a specified person discloses restricted information to a market surveillance authority pursuant to Article 27(2) of RAMS.
The following are specified persons—
the Secretary of State,
a general customs official,
a customs revenue official,
the Commissioners for Her Majesty's Revenue and Customs, and
an officer of Her Majesty's Revenue and Customs.
It is an offence for a person who receives the restricted information to disclose it except for the purposes for which it was originally received unless the subsequent disclosure is required for the purposes of market surveillance in respect of a product.
It is a defence for a person to show a reasonable belief held by that person at the time the alleged offence took place—
that the disclosure was lawful, or
that the information had previously been made available lawfully.