Part VI Administrative provisions
ACAS
251BF1Prohibition on disclosure of information
1
Information held by ACAS shall not be disclosed if the information—
a
relates to a worker, an employer of a worker or a trade union (a “relevant person”), and
b
is held by ACAS in connection with the provision of a service by ACAS or its officers.
This is subject to subsection (2).
2
Subsection (1) does not prohibit the disclosure of information if—
a
the disclosure is made for the purpose of enabling or assisting ACAS to carry out any of its functions under this Act,
b
the disclosure is made for the purpose of enabling or assisting an officer of ACAS to carry out the functions of a conciliation officer under any enactment,
c
the disclosure is made for the purpose of enabling or assisting—
i
a person appointed by ACAS under section 210(2), or
ii
an arbitrator or arbiter appointed by ACAS under any enactment,
to carry out functions specified in the appointment,
d
the disclosure is made for the purposes of a criminal investigation or criminal proceedings (whether or not within the United Kingdom),
e
the disclosure is made in order to comply with a court order,
f
the disclosure is made in a manner that ensures that no relevant person to whom the information relates can be identified, or
g
the disclosure is made with the consent of each relevant person to whom the information relates.
3
Subsection (2) does not authorise the making of a disclosure which contravenes the Data Protection Act 1998.
4
A person who discloses information in contravention of this section commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
5
Proceedings in England and Wales for an offence under this section may be instituted only with the consent of the Director of Public Prosecutions.
6
For the purposes of this section information held by—
a
a person appointed by ACAS under section 210(2) in connection with functions specified in the appointment, or
b
an arbitrator or arbiter appointed by ACAS under any enactment in connection with functions specified in the appointment,
is information that is held by ACAS in connection with the provision of a service by ACAS.