Paragraph 8

Northern Ireland

(1)

Information held by or on behalf of a person mentioned in sub-paragraph (2) may be disclosed to the Department where—

(a)

the person has an enforcement function in relation to an offence, and

(b)

the information is disclosed for the purpose of the exercise by the Department of any powers conferred on it under section 35 in relation to that offence.

(2)

The persons are—

(a)

the Public Prosecution Service for Northern Ireland, or

(b)

a member of the Police Service of Northern Ireland.

(3)

It is immaterial for the purposes of sub-paragraph (1) whether the information was obtained before or after the coming into operation of this paragraph.

(4)

A disclosure under this paragraph is not to be taken to breach any restriction on the disclosure of information (however imposed).

(5)

Nothing in this paragraph authorises the making of a disclosure in contravention of—

(a)

F1the data protection legislation , or

F2(b)

any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(6)

This paragraph does not affect a power to disclose which exists apart from this paragraph.

F3(7)

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

Annotations

Textual amendments

F1: Words in Sch. 2 para. 8(5)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 183(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F2: Sch. 2 para. 8(5)(b) substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 30 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)
F3: Sch. 2 para. 8(7) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 183(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)