PART 1Labour market and illegal working

CHAPTER 1Labour market

Director of Labour Market Enforcement

I17Information gateways: supplementary

1

A disclosure of information which is authorised by section 6 does not breach—

a

an obligation of confidence owed by the person making the disclosure, or

b

any other restriction on the disclosure of information (however imposed).

2

But nothing in section 6 authorises the making of a disclosure which—

a

contravenes F2the data protection legislation, or

b

is prohibited by F1any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

3

Section 6 does not limit the circumstances in which information may be disclosed apart from that section.

4

Section 6(1) does not authorise a person serving in an intelligence service to disclose information to the Director or a relevant staff member.

But this does not affect the disclosures which such a person may make in accordance with intelligence service disclosure arrangements.

5

Intelligence service information may not be disclosed by the Director or a relevant staff member without authorisation from the appropriate service chief.

6

If the Director or a relevant staff member has disclosed intelligence service information to a person, that person may not further disclose that information without authorisation from the appropriate service chief.

7

HMRC information may not be disclosed by the Director or a relevant staff member without authorisation from HMRC Commissioners.

8

If the Director or a relevant staff member has disclosed HMRC information to a person, that person may not further disclose that information without authorisation from HMRC Commissioners.

9

Subsections (7) and (8) do not apply to national minimum wage information.

10

If a person contravenes subsection (7) or (8) by disclosing revenue and customs information relating to a person whose identity—

a

is specified in the disclosure, or

b

can be deduced from it,

section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of such information in contravention of section 20(9) of that Act.

11

In this section—

  • “appropriate service chief” means—

    1. a

      the Director-General of the Security Service (in the case of information obtained by the Director or a relevant staff member from that Service or a person acting on its behalf);

    2. b

      the Chief of the Secret Intelligence Service (in the case of information so obtained from that Service or a person acting on its behalf);

    3. c

      the Director of GCHQ (in the case of information so obtained from GCHQ or a person acting on its behalf);

  • F3“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

  • “GCHQ” has the same meaning as in the Intelligence Services Act 1994;

  • “HMRC information” means information disclosed to the Director or a relevant staff member under section 6 by HMRC Commissioners or a person acting on behalf of HMRC Commissioners;

  • “intelligence service” means—

    1. a

      the Security Service;

    2. b

      the Secret Intelligence Service;

    3. c

      GCHQ;

  • “intelligence service disclosure arrangements” means—

    1. a

      arrangements made by the Director-General of the Security Service under section 2(2)(a) of the Security Service Act 1989 about the disclosure of information by that Service,

    2. b

      arrangements made by the Chief of the Intelligence Service under section 2(2)(a) of the Intelligence Services Act 1994 about the disclosure of information by that Service, and

    3. c

      arrangements made by the Director of GCHQ under section 4(2)(a) of that Act about the disclosure of information by GCHQ;

  • “intelligence service information” means information obtained from an intelligence service or a person acting on behalf of an intelligence service;

  • “national minimum wage information” means information obtained by an officer in the course of acting—

    1. a

      for the purposes of the National Minimum Wage Act 1998 (see section 13 of that Act), or

    2. b

      by virtue of section 26(2);

  • “relevant staff member” has the same meaning as in section 6;

  • “revenue and customs information relating to a person” has the meaning given in section 19(2) of the Commissioners for Revenue and Customs Act 2005.