Section 102: Offence of unauthorised use or disclosure, Tribunals, Courts and Enforcement Act 2007

This section applies if—

an application is made under section 95 in relation to recovery of a judgment debt ("the relevant judgment debt"),

a departmental information request or an information order is made in consequence of that application, and

information ("debtor information") is disclosed in accordance with the request or order.

A person to whom the debtor information is disclosed commits an offence if he—

uses or discloses the debtor information, and

the use or disclosure is not authorised by any of subsections (3) to (6).

The use or disclosure of the debtor information is authorised if it is in accordance with section 101.

The use or disclosure of the debtor information is authorised if it is—

in accordance with an enactment or order of court, or

for the purposes of any proceedings before a court,

and it is in accordance with regulations.

The use or disclosure of the debtor information is authorised if the information has previously been lawfully disclosed to the public.

The use or disclosure of the debtor information is authorised if it is in accordance with rules of court that comply with regulations under subsection (7).

Regulations may make provision about the circumstances, if any, in which rules of court may allow access to, or the supply of, information disclosed in accordance with a department information request or an information order.

It is a defence for a person charged with an offence under subsection (2) to prove that he reasonably believed that the use or disclosure was lawful.

A person guilty of an offence under subsection (2) is liable—

on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both;

on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates' court, to a fine not exceeding the statutory maximum, or to both.

Section 102: Offence of unauthorised use or disclosure

Discussed in

About this text