PART 7OFCOM's powers and duties in relation to regulated services

CHAPTER 4Information

Disclosure of information

I1114Co-operation and disclosure of information: overseas regulators

1

OFCOM may co-operate with an overseas regulator, including by disclosing online safety information to that regulator, for the purposes of—

a

facilitating the exercise by the overseas regulator of any of that regulator’s online regulatory functions, or

b

criminal investigations or proceedings relating to a matter to which the overseas regulator’s online regulatory functions relate.

2

The power conferred by subsection (1) applies only in relation to an overseas regulator for the time being specified in regulations made by the Secretary of State.

3

Where information is disclosed to a person in reliance on subsection (1), the person may not—

a

use the information for a purpose other than the purpose for which it was disclosed, or

b

further disclose the information,

except with OFCOM’s consent (which may be general or specific) or in accordance with an order of a court or tribunal.

4

Except as provided by subsection (5), a disclosure of information under subsection (1) does not breach—

a

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

b

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

5

Subsection (1) does not authorise a disclosure of information that—

a

would contravene the restriction imposed by section 116 (intelligence service information),

b

would contravene the data protection legislation (but in determining whether a disclosure would do so, the power conferred by that subsection is to be taken into account), or

c

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

6

Section 18 of the Anti-terrorism, Crime and Security Act 2001 (restriction on disclosure of information for overseas purposes) has effect in relation to a disclosure authorised by subsection (1)(b) as it has effect in relation to a disclosure authorised by any of the provisions to which section 17 of that Act applies.

7

In this section—

  • “online regulatory functions”, in relation to an overseas regulator, means functions of that regulator which correspond to OFCOM’s online safety functions;

  • “online safety information” means information held by OFCOM in connection with any of OFCOM’s online safety functions;

  • “overseas regulator” means a person exercising functions in a country outside the United Kingdom which correspond to any of OFCOM’s online safety functions;

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