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

Offence of unauthorised use or disclosure 102 1 This section applies if—

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

b a departmental information request or an information order is made in consequence of that application, and c information (“debtor information”) is disclosed in accordance with the request or order.

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

a uses or discloses the debtor information, and b the use or disclosure is not authorised by any of subsections (3) to (6).

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

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

a in accordance with an enactment or order of court, or b for the purposes of any proceedings before a court, and it is in accordance with regulations.

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

6 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).

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.

8 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.

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

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

b 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.