Protected information must not be disclosed— (a) by the original holder of the information, or (b) by any other person holding it who has received it directly or indirectly from the original holder by virtue of a disclosure, or disclosures, in accordance with this Schedule, except in accordance with Part 3 of this Schedule.
It is an offence for a person to disclose information in contravention of paragraph 2.
It is an offence for a person to use protected information in contravention of a restriction under paragraph 10(3), 11(2), 12(2), 13(2), 14(2) or 15(2).
It is a defence for a person charged with an offence under paragraph 3 or 4 to prove— (a) that the person did not know and had no reason to suspect that the information was protected information, or (b) that the person took all reasonable precautions and exercised all due diligence to avoid committing the offence.
(1) A person who commits an offence under paragraph 3 or 4 is liable— (a) on summary conviction— (i) to imprisonment for a term not exceeding 12 months (in England and Wales or Scotland) or 6 months (in Northern Ireland), (ii) to a fine (in England and Wales) or a fine not exceeding the statutory maximum (in Scotland or Northern Ireland), or (iii) to both; (b) on conviction on indictment— (i) to imprisonment for a term not exceeding 2 years, (ii) to a fine, or (iii) to both. (2) In the application of this paragraph in England and Wales, the reference in sub-paragraph (1)(a)(i) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Contains public sector information licensed under the Open Government Licence v3.0 (legislation.gov.uk).