Welsh Language (Wales) Measure 2011

Valid from 17/04/2012

Disclosure of information E+W

22 Power to disclose information E+W

(1) Information which has been obtained by the Commissioner in the exercise of any of the Commissioner's functions must not be disclosed unless the disclosure is authorised by subsection (2).

(2) The Commissioner may disclose the information—

(a) for the purpose of the exercise of any of the Commissioner's functions;

(b) for the purpose of proceedings for an offence of perjury alleged to have been committed in the course of a standards enforcement investigation;

(c) for the purpose of an inquiry with a view to the taking of proceedings mentioned in paragraph (b);

(d) for the purpose of issuing a certificate under section 107 (obstruction and contempt);

(e) if the information is to the effect that a person is likely to constitute a threat to the health or safety of one or more persons, and the disclosure is to a person to whom the Commissioner thinks it should be disclosed in the public interest;

(f) if the information is of the kind mentioned in subsection (3), and the disclosure is to the Information Commissioner;

(g) if the disclosure is to a permitted person, and the Commissioner is satisfied that the public interest condition is met;

(h) if the information was obtained by the Commissioner more than 70 years before the date of disclosure, and the disclosure is to a person to whom the Commissioner thinks it should be disclosed in the public interest.

(3) The information referred to in subsection (2)(f) is information that appears to the Commissioner to relate to—

(a) a matter in respect of which the Information Commissioner could exercise a power conferred by an enactment mentioned in subsection (4); or

(b) the commission of an offence mentioned in subsection (5).

(4) The enactments referred to in subsection (3)(a) are—

(a) Part 5 of the Data Protection Act 1998 (enforcement);

(b) section 48 of the Freedom of Information Act 2000 (practice recommendations); and

(c) Part 4 of that Act (enforcement).

(5) The offences referred to in subsection (3)(b) are those under—

(a) any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 to that Act (obstruction of execution of a warrant); or

(b) section 77 of the Freedom of Information Act 2000 (offence of altering etc records with intent to prevent disclosure).

(6) For the purposes of subsection (2)(g), the public interest condition is met if the disclosure—

(a) is appropriate for the purpose of the exercise by the permitted person of any of that person's functions, and

(b) is in the public interest.

(7) In determining for the purpose of this section whether disclosure of information is in the public interest, the Commissioner must take into account the interests of—

(a) any person to whom the information relates; and

(b) such other persons as the Commissioner thinks appropriate.

(8) This section does not affect the application of the Data Protection Act 1998 to the Commissioner.

(9) In this section—

• “permitted person” (“person a ganiatawyd”) means—

  (a)

  the Welsh Ministers;

  (b)

  the First Minister;

  (c)

  the Counsel General to the Welsh Assembly Government;

  (d)

  the Public Services Ombudsman for Wales;

  (e)

  the Children's Commissioner for Wales;

  (f)

  the Children's Commissioner;

  (g)

  the Commission for Equality and Human Rights;

  (h)

  the Commissioner for Children and Young People for Northern Ireland;

  (i)

  the Commissioner for Older People in Wales;

  (j)

  a housing ombudsman appointed in accordance with a scheme approved under section 51 of the Housing Act 1996;

  (k)

  a council for a county or county borough in Wales;

  (l)

  a council for a county or district in England;

  (m)

  a council for a London borough;

  (n)

  a chief of police of a police force for a police area;

  (o)

  the chief constable of the British Transport Police Force;

• “standards enforcement investigation” (“ymchwiliad i orfodi safonau”) means an investigation undertaken by the Commissioner under section 71.

(10) The Welsh Ministers may by order amend the definition of “permitted person” in subsection (9) by—

(a) adding a person;

(b) omitting a person;

(c) changing a description of a person.

(11) Before making an order under subsection (10), the Welsh Ministers must consult the person concerned and any other persons they think it appropriate to consult.