Social Security Administration Act 1992

123 Unauthorised disclosure of information relating to particular persons U.K.

(1) A person who is or has been employed in social security administration or adjudication is guilty of an offence if he discloses without lawful authority any information which he acquired in the course of his employment and which relates to a particular person.

(2) A person who is or has been employed in the audit of expenditure or the investigation of complaints is guilty of an offence if he discloses without lawful authority any information—

(a) which he acquired in the course of his employment;

(b) which is, or is derived from, information acquired or held by or for the purposes of any of the government departments or other bodies or persons referred to in Part I of Schedule 4 to this Act or Part I of [F1 Schedule 4] to the Northern Ireland Administration Act; and

(c) which relates to a particular person.

(3) It is not an offence under this section—

(a) to disclose information in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it; or

(b) to disclose information which has previously been disclosed to the public with lawful authority.

(4) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence—

(a) he believed that he was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise; or

(b) he believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.

(5) A person guilty of an offence under this section shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both; or

(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

(6) For the purposes of this section the persons who are “employed in social security administration or adjudication” are—

(a) any person specified in Part I of Schedule 4 to this Act or in any corresponding enactment having effect in Northern Ireland;

(b) any other person who carries out the administrative work of any of the government departments or other bodies or persons referred to in that Part of that Schedule or that corresponding enactment; and

(c) any person who provides, or is employed in the provision of, services to any of those departments, persons or bodies;

and “employment”, in relation to any such person, shall be construed accordingly.

[F2 (6A) Subsection (6) above shall have effect as if any [F3 health care professional] who, for the purposes of [F4 section 19 of the Social Security Act 1998], is provided by any person in pursuance of a contract entered into with the Secretary of State were specified in Part I of Schedule 4 to this Act.]

(7) For the purposes of subsections (2) and (6) above, any reference in Part I of Schedule 4 to this Act or any corresponding enactment having effect in Northern Ireland to a government department shall be construed in accordance with Part II of that Schedule or any corresponding enactment having effect in Northern Ireland, and for this purpose “government department” shall be taken to include—

F5 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (aa) the Scottish Administration;]

(b) the Scottish Courts Administration.

(8) For the purposes of this section, the persons who are “employed in the audit of expenditure or the investigation of complaints” are—

(a) the Comptroller and Auditor General;

[F7 (aa) any member or employee of the National Audit Office;

(ab) any other person who carries out the administrative work of the National Audit Office, or who provides, or is employed in the provision of, services to that Office;]

(b) the Comptroller and Auditor General for Northern Ireland;

[F8 (ba) the Auditor General for Wales and any member of his staff;]

[F9 (bb) any member of the staff of the Wales Audit Office, and any person providing services to that Office];

(c) the Parliamentary Commissioner for Administration;

(d) the Northern Ireland Parliamentary Commissioner for Administration;

(e) the Health Service Commissioner for England;

F10 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) [F11 the Scottish Public Services Ombudsman];

(h) the Northern Ireland Commissioner for Complaints;

[F12 (ha) a member of the Local Commission for England;]

F10 (hb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 (hc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (hd) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14 (he) the Public Services Ombudsman for Wales and any member of his staff;]

(i) any member of the staff of F15 ... the Northern Ireland Audit Office;

(j) any other person who carries out the administrative work of [F16 the Northern Ireland Audit Office], or who provides, or is employed in the provision of, services to [F17 that Office]; F18 ...

[F19 (jza) the following persons—

(i) any member of the staff of the National Audit Office that was established by section 3 of the National Audit Act 1983, or

(ii) any other person who carried out the administrative work of that Office, or who provided, or who was employed in the provision of, services to that Office;]

[F20 (ja) a member of the Audit Commission for Local Authorities and the National Health Service in England F21 ... and any auditor appointed by that Commission;

(jb) a member of the Accounts Commission for Scotland and any auditor within the meaning of Part VII of the Local Government (Scotland) Act 1973;

(jc) a Northern Ireland local government auditor; and]

(k) any officer of any of the Commissioners[F22 , Ombudsman] [F23 or Commissions referred to in paragraphs (c) to [F24 (ha)], (ja) and (jb) above and any person assisting an auditor referred to in paragraph (ja), (jb) or (jc) above];

and “employment”, in relation to any such person, shall be construed accordingly.

(9) For the purposes of this section a disclosure is to be regarded as made with lawful authority, if, and only if, it is made—

(a) in accordance with his official duty—

(i) by a civil servant; or

(ii) by a person employed in the audit of expenditure or the investing-action of complaints, who does not fall within subsection (8)(j) above;

(b) by any other person either—

(i) for the purposes of the function in the exercise of which he holds the information and without contravening any restriction duly imposed by the person responsible; or

(ii) to, or in accordance with an authorisation duly given by, the person responsible;

(c) in accordance with any enactment or order or a court;

(d) for the purpose of instituting, or otherwise for the purposes of, any proceedings before a court or before any tribunal or other body or person referred to in Part I of Schedule 4 to this Act or Part I of [F25 Schedule 4] to the Northern Ireland Administration Act; or

(e) with the consent of the appropriate person;

and in this subsection “the person responsible” means the Secretary of State, the Lord Chancellor or any person authorised by the Secretary of State or the Lord Chancellor for the purposes of this subsection and includes a reference to “the person responsible” within the meaning of any corresponding enactment having effect in Northern Ireland.

(10) For the purposes of subsection (9)(e) above, “the appropriate person” means the person to whom the information in question relates, except that if the affairs of that person are being dealt with—

(a) under a power of attorney;

(b) by F26 ... a controller appointed under Article 101 of the M1 Mental Health (Northern Ireland) Order 1986;

(c) by a Scottish mental health custodian, that is to say [F27 a guardian or other person entitled to act on behalf of the person under the Adults with Incapacity (Scotland) Act 2000 (asp 4)];

(d) by a mental health appointee, that is to say—

(i) a person directed or authorised as mentioned in F28 ... sub-paragraph (a) of rule 38(1) of Order 109 of the M2 Rules of the Supreme Court (Northern Ireland) 1980; or

(ii) F29 ... a controller ad interim appointed under sub-paragraph (b) of the said rule 38(1),

the appropriate person is the attorney, F30 ... controller, custodian or appointee, as the case may be, or, in a case falling within paragraph (a) above, the person to whom the information relates.

[F31 (11) Where the person to whom the information relates lacks capacity (within the meaning of the Mental Capacity Act 2005) to consent to its disclosure, the appropriate person is—

(a) a donee of an enduring power of attorney or lasting power of attorney (within the meaning of that Act), or

(b) a deputy appointed for him, or any other person authorised, by the Court of Protection,

with power in that respect.]

Textual Amendments

F1 Words in s. 123(2)(b) substituted (1.7.1997) by Social Security Administration (Fraud) Act 1997 (c. 47), s. 25(1), Sch. 1 para. 6; S.I. 1997/1577, art. 2, Sch.

F2 S. 123(6A) inserted (3.1.1995) by Deregulation and Contracting Out Act 1994 (c. 40), s. 82(2)(f), Sch. 16 para. 21

F3 Words in s. 123(6A) substituted (3.7.2007) by Welfare Reform Act 2007 (c. 5), s. 70(1), Sch. 7 para. 3(3)

F4 Words in s. 123(6A) substituted (5.7.1999 for specified purposes, 6.9.1999 for specified purposes, 5.10.1999 for specified purposes, 18.10.1999 for specified purposes, 29.11.1999 for specified purposes) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 88; S.I. 1999/1958, art. 2(1)(b), Sch. 1; S.I. 1999/2422, art. 2(c), Sch. 1; S.I. 1999/2739, art. 2, Sch. 1; S.I. 1999/2860, art. 2, Sch. 1; S.I. 1999/3178, art. 2(1)(a), Sch. 1

F5 Ss. 123(7)(a) repealed (1.4.99) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch 10 Pt. I; S.I. 1999/527, art. 2(b), Sch. 2

F6 S. 123(7)(aa) inserted (1.7.1999) by The Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999 (S.I. 1999/1820), art. 1(2), Sch. 2 para. 105(2)

F7 S. 123(8)(aa)(ab) inserted (1.4.2012) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 5 para. 15(2); S.I. 2011/2576, art. 5

F8 S. 123(8)(ba) inserted (1.2.1999) by Government of Wales Act 1998 (c. 38), s. 158(1), Sch. 12 para. 32(a); S.I. 1999/118, art. 2

F9 S. 123(8)(bb) inserted (1.4.2014) by Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 3 (with Sch. 3 para. 3); S.I. 2013/1466, art. 3(1)

F10 S. 123(8)(f)(hb)(hd) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 26(a), Sch. 7; S.I. 2005/2800, art. 5(1)(3)

F11 Words in s. 123(8)(g) substituted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 12(a)

F12 S. 123(8)(ha)-(hc) inserted (1.7.1997) by Social Security Administration (Fraud) Act 1997 (c. 47), ss. 4(2)(a), 25(1); S.I. 1997/1577, art. 2, Sch.

F13 S. 123(8)(hc) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 12(b)

F14 S. 123(8)(he) inserted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 26(b); S.I. 2005/2800, art. 5(1)(3)

F15 Words in s. 123(8)(i) omitted (1.4.2012) by virtue of Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 5 para. 15(3); S.I. 2011/2576, art. 5

F16 Words in s. 123(8)(j) substituted (1.4.2012) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 5 para. 15(4)(a); S.I. 2011/2576, art. 5

F17 Words in s. 123(8)(j) substituted (1.4.2012) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 5 para. 15(4)(b); S.I. 2011/2576, art. 5

F18 Word in s. 123(8) repealed (1.7.1997) by Social Security Administration (Fraud) Act 1997 (c. 47), s. 25(1), Sch. 2; S.I. 1997/1577, art. 2, Sch.

F19 S. 123(8)(jza) inserted (1.4.2012) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 5 para. 15(5); S.I. 2011/2576, art. 5

F20 S. 123(8)(ja)-(jc) inserted (1.7.1997) by Social Security Administration (Fraud) Act 1997 (c. 47), ss. 4(2)(b), 25(1); S.I. 1997/1577, art. 2, Sch.

F21 Words in s. 123(8)(ja) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 9 para. 1(2)(h), Sch. 18 Pt. 9; S.I. 2008/172, art. 4(a)(n)(i)

F22 Word in s. 123(8)(k) inserted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 12(c)(i)

F23 Words in s. 123(8)(k) substituted (1.7.1997) by Social Security Administration (Fraud) Act 1997 (c. 47), ss. 4(2)(c), 25(1); S.I. 1997/1577, art. 2, Sch.

F24 Word in s. 123(8)(k) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 26(c); S.I. 2005/2800, art. 5(1)(3)

F25 Words in s. 123(9)(d) substituted (1.7.1997) by Social Security Administration (Fraud) Act 1997 (c. 47), s. 25(1), Sch. 1 para. 6; S.I. 1997/1577, art. 2, Sch.

F26 Words in s. 123(10)(b) repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 37(a)(i), Sch. 7 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

F27 Words in s. 123(10)(c) substituted (S.) (2.4.2001 for specified purposes, 1.4.2002 in so far as not already in force) by Adults with Incapacity (Scotland) Act 2000 (asp 4), s. 89(2), Sch. 5 para. 23; S.S.I. 2001/81, arts. 2, 3, Schs. 1, 2; and substituted (E.W.) (30.6.2005) by The Adults with Incapacity (Scotland) Act 2000 (Consequential Modifications) (England, Wales and Northern Ireland) Order 2005 (S.I. 2005/1790), arts. 1(1), 3

F28 Words in s. 123(10)(d)(i) repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 37(a)(ii), Sch. 7 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

F29 Words in s. 123(10)(d)(ii) repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 37(a)(iii), Sch. 7 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

F30 Word in s. 123(10) repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 37(a)(iv), Sch. 7 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

F31 S. 123(11) inserted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 37(b) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

Modifications etc. (not altering text)

C1 S. 123 applied (1.10.2004) by The Welfare Food Regulations 1996 (S.I. 1996/1434), reg. 22(1), Sch. 6 (as amended by S.I. 2004/2311, regs. 1(2), 2)

C2 S. 123 applied (8.11.2001) by Health and Social Care Act 2001 (c. 15), ss 51(5), 70(2); S.I. 2001/3752, art. 3

C3 S. 123(8)(c) modified (1.7.1999) by The Scotland Act 1998 (Transitory and Transitional Provisions) (Complaints of Maladministration) Order 1999 (S.I. 1999/1351), arts. 1, 17(2)(d) (with art. 18).

Marginal Citations

M1 S.I. 1986/595 (N.I. 4).

M2 S.R. (N.I.) 1980 No. 346.