Section 132 Confidentiality of informationI1
A person who is or has been F1a member of the Commission or a member of its staff, or an agent of the Commission, must not disclose information which—
has been obtained by, or provided to, the F2Commission in the course of, or for the purposes of, the discharging of the Commission's functions,
relates to an identified or identifiable individual or business, and
is not available to the public from other sources at the time of the disclosure and has not previously been available to the public from other sources,
unless the disclosure is made with lawful authority.
For the purposes of subsection (1), a disclosure is made with lawful authority only if and to the extent that—
the disclosure was made with the consent of the individual or of the person for the time being carrying on the business,
the information was obtained or provided as described in subsection (1)(a) for the purpose of its being made available to the public (in whatever manner),
the disclosure was made for the purposes of, and is necessary for, the discharge of one or more of the Commission's functions,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the disclosure was made for the purposes of criminal or civil proceedings, however arising, or
having regard to the rights, freedoms and legitimate interests of any person, the disclosure was necessary in the public interest.
It is an offence for a person knowingly or recklessly to disclose information in contravention of subsection (1).
Annotations
Textual amendments
- F1
Words in s. 132(1) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(7); S.I. 2026/1015, reg. 2(c)
- F2
Word in s. 132 substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)
- F3
S. 132(2)(d) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 55 (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
Commencement
- I1
S. 132 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(e)
Notes on Part 5
Textual amendments
- F1
Word in Pt. 5 heading substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)
Modifications
- C1
Pts. 5-7 applied in part (with modifications) (5.2.2026) by S.I. 2003/2426, reg. 31, Sch. 1 (as substituted by Data (Use and Access) Act 2025 (c. 18), ss. 115(5)(8), 142(1), Sch. 13; S.I. 2026/82, reg. 2(y)(z14) (with regs. 8-11) and as amended (30.9.2026) by S.I. 2026/386, reg. 1(2), Sch. 3 para. 6(3), (4)(j); S.I. 2026/1015, reg. 2(c))
- C2
Pt. 5 applied in part (with modifications) by S.I. 2016/696, Sch. 2 (as substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 406 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g) (with reg. 4))
Notes on Information provided to the Commission
Textual amendments
- F1
Word in s. 131 cross-heading substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)