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Scottish Biometrics Commissioner Act 2020

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This is the original version (as it was originally enacted).

19Offence of Commissioner’s office disclosing confidential information

This section has no associated Explanatory Notes

(1)A person mentioned in subsection (2) commits an offence if—

(a)the person knowingly discloses any information which—

(i)has been obtained by or on behalf of the Commissioner for the purposes of exercising the Commissioner’s functions, and

(ii)at the time of disclosure is not, and has not previously been, in the public domain, and

(b)the disclosure is not authorised by subsection (3).

(2)The persons referred to in subsection (1) are persons who are or have been—

(a)the Commissioner,

(b)a member of the Commissioner’s staff,

(c)an agent of the Commissioner.

(3)For the purposes of subsection (1)(b), disclosure is authorised only so far as—

(a)it is made with the consent of the person from whom the information was obtained,

(b)it is necessary for the purpose of enabling or assisting the exercise of the Commissioner’s functions under this Act, or

(c)it is made for the purposes of legal proceedings, whether criminal or civil (including for the purposes of the investigation of any offence or suspected offence).

(4)A person who commits an offence under subsection (1) is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum, or

(b)on conviction on indictment, to a fine.

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