Part 3Other measures to prevent or disrupt serious and other crime
Chapter 1Prevention of fraud
Sharing information with anti-fraud organisations
68Disclosure of information to prevent fraud
I21
A public authority may, for the purposes of preventing fraud or a particular kind of fraud, disclose information as a member of a specified anti-fraud organisation or otherwise in accordance with any arrangements made by such an organisation.
I22
The information—
a
may be information of any kind; and
b
may be disclosed to the specified anti-fraud organisation, any members of it or any other person to whom disclosure is permitted by the arrangements concerned.
I23
Disclosure under this section does not breach—
a
any obligation of confidence owed by the public authority disclosing the information; or
b
any other restriction on the disclosure of information (however imposed).
I24
But nothing in this section authorises any disclosure of information which—
a
contravenes F1the data protection legislation; or
b
is prohibited by F3any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
I25
Nothing in this section authorises any disclosure by a relevant public authority of information whose subject-matter is a matter about which provision would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament.
I26
In subsection (5) “relevant public authority” means a public authority which has (whether alone or in addition to other functions) functions which are exercisable within devolved competence (within the meaning given by section 54 of the Scotland Act 1998 (c. 46)).
I27
This section does not limit the circumstances in which information may be disclosed apart from this section.
I18
In this section—
“an anti-fraud organisation” means any unincorporated association, body corporate or other person which enables or facilitates any sharing of information to prevent fraud or a particular kind of fraud or which has any of these functions as its purpose or one of its purposes;
F2“ the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
“information” includes documents;
“public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998 (c. 42) (acts of public authorities); and
“specified” means specified by an order made by the Secretary of State.