UK Parliament / Open data

Digital Switchover (Disclosure of Information) Bill

The noble Lord said this is a probing amendment, and I hope to respond to his probe as effectively as possible, although I will not be able to meet it in quite the way he suggests. The purpose is quite straightforward. There are no hidden meanings attached to Clause 3(6)(b). Its purpose is to make clear to the relevant person—the scheme operator, in other words—that information provided in accordance with a court order or enactment constitutes lawful disclosure. It just makes that clear; that is all the paragraph does. Without it, whether the disclosure was lawful might depend upon individual circumstances. Having an express provision in the legislation makes it absolutely clear and helps the scheme operator understand its obligations. The noble Lord asked for examples of when a court might require the scheme to disclose information. That largely misses the point. The provision is not to indicate how a court might place a requirement on the scheme, but to give a lawful defence for compliance with any such court order. It is as straightforward as that, and I hope the noble Lord will think that his probe has struck home.
Type
Proceeding contribution
Reference
690 c279GC 
Session
2006-07
Chamber / Committee
House of Lords Grand Committee
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