Part 3 U.K. Other measures to prevent or disrupt serious and other crime

Chapter 1 U.K. Prevention of fraud

Sharing information with anti-fraud organisations U.K.

68 Disclosure of information to prevent fraud U.K.

(1) 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.

(2) 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.

(3) 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).

(4) But nothing in this section authorises any disclosure of information which—

(a) contravenes [F1 the data protection legislation]; or

(b) is prohibited by [F2 any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016].

(5) 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.

(6) 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)).

(7) This section does not limit the circumstances in which information may be disclosed apart from this section.

(8) 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;

• [F3 “ 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.

Textual Amendments

F1 Words in s. 68(4)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 145(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F2 Words in s. 68(4)(b) substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 19(2) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)

F3 Words in s. 68(8) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 145(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Commencement Information

I1 S. 68(1)-(7) in force at 1.10.2008 by S.I. 2008/2504, art. 2(b)

I2 S. 68(8) in force at 1.3.2008 by S.I. 2008/219, art. 3(e)