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Data Protection Act 1998
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Changes over time for: Section 59
Version Superseded: 25/05/2018
Alternative versions:
- 01/03/2000- Amendment
- 30/11/2000- Amendment
- 22/04/2011- Amendment
- 22/04/2014
Point in time - 25/05/2018- Amendment
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Data Protection Act 1998, Section 59 is up to date with all changes known to be in force on or before 02 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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59 Confidentiality of information.U.K.
(1)No person who is or has been the Commissioner, a member of the Commissioner’s staff or an agent of the Commissioner shall disclose any information which—
(a)has been obtained by, or furnished to, the Commissioner under or for the purposes of [F1the information Acts],
(b)relates to an identified or identifiable individual or business, and
(c)is not at the time of the disclosure, and has not previously been, available to the public from other sources,
unless the disclosure is made with lawful authority.
(2)For the purposes of subsection (1) a disclosure of information is made with lawful authority only if, and to the extent that—
(a)the disclosure is made with the consent of the individual or of the person for the time being carrying on the business,
(b)the information was provided for the purpose of its being made available to the public (in whatever manner) under any provision of [F1the information Acts],
(c)the disclosure is made for the purposes of, and is necessary for, the discharge of—
(i)any functions under [F1the information Acts], or
(ii)any [F2 EU] obligation,
(d)the disclosure is made for the purposes of any proceedings, whether criminal or civil and whether arising under, or by virtue of, [F1the information Acts] or otherwise, or
(e)having regard to the rights and freedoms or legitimate interests of any person, the disclosure is necessary in the public interest.
(3)Any person who knowingly or recklessly discloses information in contravention of subsection (1) is guilty of an offence.
[F3(4)In this section “the information Acts” means this Act and the Freedom of Information Act 2000.]
Textual Amendments
F1Words in s. 59(1)(a)(2)(b)(c)(i)(d) substituted (30.11.2000) by 2000 c. 36, ss. 18(4), 87(1)(i), Sch. 2 Pt. II para. 19(2) (with ss. 7(1)(7), 56, 78)
F2Word in s. 59(2)(c)(ii) substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), art. 6(1) (with application as mentioned in art. 3(3))
F3S. 59(4) inserted (30.11.2000) by 2000 c. 36, ss. 18(4), 87(1)(i), Sch. 2 Pt. II para. 19(3) (with ss. 7(1)(7), 56, 78)
Modifications etc. (not altering text)
C1S. 59(1): disclosure powers extended (14.12.2001) by 2001 c. 24, ss. 17, 127(2)(a), Sch. 4 Pt. I para. 42
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