(1)Information that—
(a)is obtained as a result of this Part, and
(b)relates to the affairs of an individual or to a particular business,
must not be disclosed during the lifetime of the individual or so long as the business is carried on, except as provided by this section.
(2)Disclosure is permitted—
(a)with the consent of the individual or the person for the time being carrying on the business,
(b)for the purpose of facilitating the carrying out by OFCOM of any of their functions,
(c)for the purpose of facilitating the carrying out by the Secretary of State, the Treasury or the [F1Competition and Markets Authority] of any of their functions under this Act,
(d)for the purpose of facilitating the carrying out by a prescribed body or other person of any functions under a prescribed enactment,
(e)in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings,
(f)for the purposes of any civil proceedings brought as a result of this Part or any prescribed enactment,
(g)in pursuance of [F2[F3an assimilated] obligation], or
(h)in any other prescribed circumstances or for any other prescribed purpose.
(3)In subsection (2) “prescribed” means prescribed by an order of the Secretary of State.
(4)An order under subsection (3) is subject to affirmative resolution procedure.
(5)This section does not apply to information that has been made available to the public by being disclosed in circumstances in which, or for a purpose for which, disclosure is not precluded by this section.
(6)This section also does not apply to information that is subject to the disclosure regime in Part 9 of the Enterprise Act 2002 as a result of—
(a)section 393(8) of the Communications Act 2003 (information obtained by OFCOM in exercise of competition functions), or
(b)section 29(3) of the Consumers, Estate Agents and Redress Act 2007 (information obtained by [F4Citizens Advice etc]).
[F5(6A)Nothing in this section prevents the disclosure of information under section 24A or 24B of the Communications Act 2003.]
(7)A person who discloses information in contravention of this section commits an offence.
(8)A person guilty of an offence under this section is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum, or
(b)on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.
Textual Amendments
F1Words in s. 56(2)(c) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 186 (with art. 3)
F2Words in s. 56(2)(g) substituted (31.1.2020) by The Postal and Parcel Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1417), regs. 1, 3(3); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in s. 56(2)(g) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 73(3)
F4Words in s. 56(6)(b) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 13(3) (with Sch. 1 para. 28, 2 paras. 13-15)
F5S. 56(6A) inserted (31.7.2017) by Digital Economy Act 2017 (c. 30), ss. 98(6), 118(6); S.I. 2017/765, reg. 2(aa)
Modifications etc. (not altering text)
C1S. 56(2) disclosure powers extended by 2001 c. 24, Sch. 4 para. 53D (as inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 162(b); S.I. 2011/2329, art. 3)
Commencement Information
I1S. 56 in force at 1.10.2011 by S.I. 2011/2329, art. 3