The Independent Police Complaints Commission (Complaints and Misconduct) (Contractors) Regulations 2015

Sensitive information: restriction on further disclosure

49.—(1) Where the Commission receives information within paragraph (2) under an information notice, it must not disclose (whether under regulation 7, 13 or 14 or otherwise) the information, or the fact that it has received it, unless the relevant authority consents to the disclosure.

(2) The information is—

(a) intelligence service information;

(b) intercept information; or

(c) information obtained (directly or indirectly) from a government department which, at the time it is provided to the Commission, is identified by the department as information the disclosure of which may, in the opinion of the relevant authority, cause damage to—

(i) national security or international relations; or

(ii) the economic interests of the United Kingdom or any part of the United Kingdom.

(3) Where the Commission discloses to another person information within paragraph (2), or the fact that it has received it, that person must not disclose that information or that fact unless the relevant authority consents to the disclosure.

(4) In this regulation—

“government department” means a department of Her Majesty’s Government but does not include—

(a)

the Security Service,

(b)

the Secret Intelligence Service, or

(c)

the Government Communications Headquarters (“GCHQ”);

“intelligence service information” means information which was obtained (directly or indirectly) from an intelligence service or which relates to an intelligence service;

“intelligence service” means—

(a)

the Security Service,

(b)

the Secret Intelligence Service,

(c)

GCHQ, or

(d)

any part of Her Majesty’s forces (within the meaning of the Armed Forces Act 2006(1)), or of the Ministry of Defence, which engages in intelligence activities;

“intercept information” means information relating to any of the matters mentioned in section 19(3) of the Regulation of Investigatory Powers Act 2000;

“Minister of the Crown” includes the Treasury;

“relevant authority” means—

(a)

in the case of intelligence service information obtained from the Security Service, the Director-General of the Security Service;

(b)

in the case of intelligence service information obtained from the Secret Intelligence Service, the Chief of the Secret Intelligence Service;

(c)

in the case of intelligence service information obtained from GCHQ, the Director of GCHQ;

(d)

in the case of intelligence service information obtained from Her Majesty’s forces or the Ministry of Defence, the Secretary of State;

(e)

in the case of intercept information, the person to whom the relevant interception warrant is or was addressed;

(f)

in the case of information within paragraph (2)(c)—

(i)

the Secretary of State, or

(ii)

the Minister of the Crown in charge of the government department from which the information was obtained (if that Minister is not a Secretary of State);

“relevant interception warrant” means the interception warrant issued under section 5 of the Regulation of Investigatory Powers Act 2000 that relates to the intercept information.

(1)

2006 c. 52.