Postal Services Act 2011

Postal Services Act 2011

2011 CHAPTER 5

Commentary on Sections

Part 3: Regulation of postal services

General provisions

Section 56: General restriction on disclosure of information

251. This section prohibits the disclosure of information obtained by virtue of Part 3 that relates to an individual or particular business during their lifetime or so long as the business is carried on, except as permitted by the section.

252. Subsection (2) provides that disclosure is permitted: with the consent of those concerned; to facilitate the carrying out of functions of OFCOM, the Secretary of State, the Treasury or the Competition Commission or to facilitate the carrying out by a person prescribed (by order of the Secretary of State) of functions under an enactment prescribed (by order of the Secretary of State); in relation to criminal investigations or proceedings; in relation to civil proceedings brought by virtue of Part 3 of the Act or any enactment prescribed (by the Secretary of State by order); to meet EU obligations; or other circumstances or purposes prescribed by the Secretary of State by order. Subsection (4) provides that an order by the Secretary of State is subject to the affirmative resolution procedure.

253. Subsection (5) provides that this section does not apply to information made public in circumstances in which, or for a purpose for which, disclosure is not precluded by this section.

254. Subsection (6) provides that the section does not apply either to information obtained by OFCOM for its competition functions or to information obtained by the National Consumer Council, as this information is subject to the disclosure regime in Part 9 of the Enterprise Act 2002 (c. 40).

255. Subsections (7) and (8) provide that it is an offence to disclose information in contravention of the prohibition in this section, punishable by a fine or imprisonment of no more than two years.