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THE ACT, DATE OF CREATION ON MILES
Electronic Communications Act 2000
c. 7
5
Part I
(c) any provision by virtue of section 2(4) or (5)(c) that imposes a
requirement by reference to the opinion of any person or
determines the manner of choosing a person whose opinion is
to be referred to.
4.—(1) Subject to the following provisions of this section, no Restrictions on
disclosure of
information which—
information.
(a) has been obtained under or by virtue of the provisions of this
Part, and
(b) relates to the private affairs of any individual or to any particular
business,
shall, during the lifetime of that individual or so long as that business
continues to be carried on, be disclosed without the consent of that
individual or the person for the time being carrying on that business.
(2) Subsection (1) does not apply to any disclosure of information
which is made—
(a) for the purpose of facilitating the carrying out of any functions
under this Part, or any prescribed functions, of the Secretary of
State or a person appointed under section 3;
(b) for the purpose of facilitating the carrying out of any functions
of a local weights and measures authority in Great Britain;
(c) for the purpose of facilitating the carrying out of prescribed
public functions of any person;
(d) in connection with the investigation of any criminal offence or
for the purposes of any criminal proceedings;
(e) for the purposes of any civil proceedings which—
(i) relate to the provision of cryptography support
services; and
(ii) are proceedings to which a person approved in
accordance with arrangements under section 2 is a party; or
(f) in pursuance of a Community obligation.
(3) In subsection (2)(a) the reference to functions under this Part does
not include a reference to any power of the Secretary of State to make
regulations.
(4) In subsection (2)(c) “public functions” includes any function
conferred by or in accordance with any provision contained in or made
under any enactment or Community legislation.
(5) If information is disclosed to the public in circumstances in which
the disclosure does not contravene this section, this section shall not
prevent its further disclosure by any person.
(6) Any person who discloses any information in contravention of this
section shall be guilty of an offence and liable—
(a) on summary conviction, to a fine not exceeding the statutory
maximum;
(b) on conviction on indictment, to imprisonment for a term not
exceeding two years or a fine, or to both.