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Part 9 - Information Disclosure

Part 9 contains a general restriction on the disclosure of information unless that disclosure is within permitted gateways or the information has previously been made public.

Part 9 creates gateways for the disclosure of information relating to specific consumer and competition matters. It lays down the requirements that have to be met before public authorities may disclose information. The provisions apply to information which has been gathered for consumer or competition functions under parts of the Enterprise Act and other specified competition and consumer protection legislation and in specified statutory instruments. The provisions apply to information about the affairs of individuals or a business.

A public authority which holds information captured by the Part 9 provisions may disclose it only in the following circumstances:

•       If the information is already lawfully in the public domain;

•       There is an existing power or duty to disclose the information under another piece of legislation;

•       The authority has gained consent from all relevant parties;

•       There is a European Union obligation to release the information;

•       If disclosing the information enables an authority to carry out its own statutory function; 

•       If disclosing the information enables another authority to carry out its statutory function; 

•       If the information will be used in civil proceedings by consumers or intellectual property rights holders

•       If the information will be used in a criminal investigation.

A public authority can also release Part 9 information to an overseas public authority, but there are restrictions placed on the kind of information and when it may be disclosed.

There are safeguards to ensure that a recipient of information will only use it for the purposes for which it was disclosed.

When a public authority decides to disclose information, they must apply a proportionality test. They must consider if it is necessary to release all or only part of the information they hold to achieve the desired outcome.  If it is not necessary to release all the information they hold then they must not do so. This proportionality test further protects the interests of the individual or business about whom the information is held.

For further information see the related documents listed on the right.