Section 139: Confidentiality, Constitutional Reform Act 2005

A person who obtains confidential information, or to whom confidential information is provided, under or for the purposes of a relevant provision must not disclose it except with lawful authority.

These are the relevant provisions—

sections 26 and 27 and regulations under section 27A;

Part 4;

regulations and rules under Part 4.

Information is confidential if it relates to an identified or identifiable individual (a "subject").

Confidential information is disclosed with lawful authority only if and to the extent that any of the following applies—

the disclosure is with the consent of each person who is a subject of the information (but this is subject to subsection (5));

the disclosure is for (and is necessary for) the exercise by any person of functions under a relevant provision;

the disclosure is for (and is necessary for) the exercise of functions under section 11(3A) of the Supreme Court Act 1981 (c. 54) or a decision whether to exercise them;

the disclosure is for (and is necessary for) the exercise of powers to which section 108 applies, or a decision whether to exercise them;

the disclosure is required, under rules of court or a court order, for the purposes of legal proceedings of any description.

An opinion or other information given by one identified or identifiable individual (A) about another (B)—

is information that relates to both;

must not be disclosed to B without A's consent.

This section does not prevent the disclosure with the agreement of the Lord Chancellor and the Lord Chief Justice of information as to disciplinary action taken in accordance with a relevant provision.

This section does not prevent the disclosure of information which is already, or has previously been, available to the public from other sources.

A contravention of this section in respect of any information is actionable, subject to the defences and other incidents applying to actions for breach of statutory duty.

But it is actionable only at the suit of a person who is a subject of the information.

Section 139: Confidentiality

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