Digital Economy Act 2017

35 Disclosure of information to improve public service delivery U.K.

(1) A specified person may disclose information held by the person in connection with any of the person's functions to another specified person for the purposes of an objective which is a specified objective in relation to each of those persons.

(2) In this section “specified person” means a person specified, or of a description specified, in Schedule 4.

[F1 (2A) Where in Schedule 4 functions are mentioned in relation to a specified person, the reference in subsection (1) to the person’s functions is limited to the person’s functions as mentioned in Schedule 4.]

(3) The appropriate national authority may by regulations amend Schedule 4 so as to add, remove or modify an entry relating to a person or description of person.

(4) Regulations under subsection (3) may add an entry relating to a person or a description of person to Schedule 4 only if—

(a) the person is a public authority or (as the case may be) each person of that description is a public authority, or

(b) the person provides services to a public authority or (as the case may be) each person of that description provides services to a public authority.

(5) In the case of a person (“P”) who is a specified person merely because of providing services to a public authority, the reference in subsection (1) to the functions of a specified person is limited to the functions P exercises for that purpose.

(6) In determining whether to make regulations under subsection (3) in relation to a person or description of person the appropriate national authority must have regard, in particular, to—

(a) the systems and procedures for the secure handling of information by that person or persons of that description, and

(b) in the case of regulations which remove a person from Schedule 4 whether that person, or any person providing services to that person, has had regard to the code of practice under section 43 as required by that section.

(7) In this section “specified objective”, in relation to a specified person, means an objective specified in relation to that specified person in regulations made by the appropriate national authority.

(8) An objective may be specified by regulations under subsection (7) only if it complies with the following conditions.

(9) The first condition is that the objective has as its purpose—

(a) the improvement or targeting of a public service provided to individuals or households, or

(b) the facilitation of the provision of a benefit (whether or not financial) to individuals or households.

(10) The second condition is that the objective has as its purpose the improvement of the well-being of individuals or households.

(11) The reference in subsection (10) to the well-being of individuals or households includes—

(a) their physical and mental health and emotional well-being,

(b) the contribution made by them to society, and

(c) their social and economic well-being.

(12) The third condition is that the objective has as its purpose the supporting of—

(a) the delivery of a specified person's functions, or

(b) the administration, monitoring or enforcement of a specified person's functions.

Textual Amendments

F1 S. 35(2A) inserted (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), art. 1(2), Sch. para. 18(2) (with art. 17)

Modifications etc. (not altering text)

C1 Pt. 5 Ch. 1: functions made exercisable concurrently (30.9.2020) by The Transfer of Functions (Digital Government) Order 2020 (S.I. 2020/940), arts. 1(2), 2 (with art. 5)

C2 S. 35(1): transfer of functions (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), arts. 1(2), 7, 9, 11, 13 (with art. 17)

Commencement Information

I1 S. 35 in force at 1.10.2017 for specified purposes for E.W.S. by S.I. 2017/765, reg. 3(c)

I2 S. 35 in force at 9.3.2018 for specified purposes by S.I. 2018/342, reg. 2(a)

I3 S. 35 in force at 1.4.2018 for specified purposes by S.I. 2018/342, reg. 3(1)(a)

I4 S. 35 in force at 1.5.2018 for E.W.S. in so far as not already in force by S.I. 2018/382, reg. 3(a)