Automated Vehicles Act 2024

42 Protection of information

(1) This section applies in relation to information that a person obtains—

(a) further to authorisation requirements or operator licensing regulations of the sort described in section 14(1) and (2),

(b) as a result of the exercise of a power in section 17, 18 or 29, or

(c) further to regulations under section 40.

(2) In this section, “the recipient” means—

(a) the person who obtains the information as described in subsection (1), or

(b) any other person to whom the information is subsequently disclosed.

(3) The Secretary of State may make regulations authorising the recipient to—

(a) disclose the information to another person for a purpose specified in the regulations, or

(b) use the information for a purpose other than the purpose for which it was obtained.

(4) It is an offence for the recipient to—

(a) disclose the information to another person, or

(b) use the information for a purpose other than the purpose for which it was obtained,

except as authorised by regulations under subsection (3) or any other enactment.

(5) But it is a defence to prove that—

(a) the person from whom the information was obtained as described in subsection (1) consented to the disclosure or use, or

(b) the recipient reasonably believed that the disclosure or use was lawful, or

(c) in the case of a disclosure, that the information had already lawfully been disclosed to the other person.

(6) A person who commits an offence under subsection (4) is liable—

(a) on summary conviction in England and Wales, to a fine;

(b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(c) on conviction on indictment, to a fine.

(7) A provision made by or under this Part that authorises the disclosure or use of the information is not to be taken to authorise disclosure or use that would be liable to harm the commercial interests of any person, except to the extent that—

(a) the provision otherwise provides, or

(b) the person disclosing or using the information reasonably considers such disclosure or use necessary in view of the purpose of the provision.