Education and Skills Act 2008

90 Wrongful onward disclosure of information E+W+S

(1) This section applies to information—

(a) used in reliance on section 87(1)(a), or

(b) disclosed in reliance on section 87(1)(b) or 88.

(2) A person commits an offence if—

(a) the person discloses the information to another otherwise than in connection with the exercise of an assessment function of the Secretary of State or a devolved authority, and

(b) the information relates to a person whose identity is specified in or can be deduced from the disclosure.

(3) It is a defence to prove that a person charged with the offence reasonably believed—

(a) that the disclosure was lawful, or

(b) that the information had already and lawfully been made available to the public.

(4) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both;

(b) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both.

(5) A prosecution for an offence under this section may be instituted in England and Wales only with the consent of the Director of Public Prosecutions.

(6) In subsection (4)(b), the reference to 12 months is to be read as a reference to 6 months in relation to an offence committed in England and Wales before the commencement of section 282 of the Criminal Justice Act 2003 (c. 44) (short sentences).

Commencement Information

I1 S. 90 in force at 26.1.2009 by S.I. 2008/3077, art. 4(c)