38.—(1) A disclosure of information [F1or 37A] does not breach any restriction on such disclosure imposed by statute or otherwise.
(2) But nothing in [F2those regulations] authorises a disclosure that—
(a)contravenes the data protection legislation, or
(b)is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 M1.
(3) Nothing in this Part is to be read as requiring a person who has acted or is acting as counsel or solicitor for any person to disclose any privileged information in their possession in that capacity.
(4) [F3Regulations 37 and 37A do] not limit the circumstances in which information may be disclosed apart from [F4those regulations].
(5) Nothing in this Part limits any conditions which may be contained in a Treasury licence.
(6) In this regulation—
“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act) M2;
“privileged information” means information with respect to which a claim to legal professional privilege (in Scotland, to confidentiality of communications) could be maintained in legal proceedings.
Textual Amendments
F1Words in reg. 38(1) inserted (9.8.2022) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/819), regs. 1(2), 6(5)(a)
F2Words in reg. 38(2) substituted (9.8.2022) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/819), regs. 1(2), 6(5)(b)
F3Words in reg. 38(4) substituted (9.8.2022) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/819), regs. 1(2), 6(5)(c)(i)
F4Words in reg. 38(4) substituted (9.8.2022) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/819), regs. 1(2), 6(5)(c)(ii)
Commencement Information
I1Reg. 38 not in force at made date, see reg. 1(2)
I2Reg. 38 in force at 31.12.2020 on IP completion day by S.I. 2019/627, reg. 9(2); 2020 c. 1, Sch. 5 para. 1(1)
Marginal Citations
M12016 c.25. Amendments have been made by the Policing and Crime Act 2017 (c.3), Schedule 9, paragraph 74; the Data Protection Act 2018 (c. 12), Schedule 19, paragraphs 198-203; S.I. 2018/2113.