PART 1FINES AND OTHER PENALTIES: ENFORCEMENT

CHAPTER 1Collection of Fines etc.

Deductions from benefits

17Disclosure of information

I11

The Department for Social Development, or a person providing services to that Department, may disclose social security information to a court or a collection officer for the purpose of—

a

facilitating a decision by the court or officer whether or not to make an application for deduction from benefits, or

b

facilitating the making of the application by the court or officer.

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In subsection (1), “social security information” means—

a

information which is held by the Department for the purposes of functions relating to social security,

b

information which is held by a person providing services to the Department in connection with the provision of those services, or

c

information which is held with information of the description given in paragraph (a) or (b).

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A person to whom information is disclosed under this section commits an offence if the person—

a

discloses the information to another person, or

b

uses the information for a purpose other than a purpose referred to in subsection (1).

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It is not an offence under subsection (3)—

a

to disclose any information in accordance with a statutory provision or with an order of a court or of a tribunal established by or under a statutory provision or for the purposes of any proceedings before a court,

b

to disclose or use any information which is 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

c

to disclose or use any information which has previously been lawfully disclosed to the public.

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It is a defence for a person charged with an offence under subsection (3) to prove that the person reasonably believed that the disclosure or use was lawful.

6

A person guilty of an offence under subsection (3) is liable—

a

on summary conviction, to a fine not exceeding the statutory maximum;

b

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

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Nothing in this section authorises the making of a disclosure which contravenes the F1the data protection legislation .

I28

In this section F2

  • the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

  • information” means information held in any form.