PART 2THE WELSH LANGUAGE COMMISSIONER

Disclosure of information

22Power to disclose information

I11

Information which has been obtained by the Commissioner in the exercise of any of the Commissioner's functions must not be disclosed unless the disclosure is authorised by subsection (2).

2

The Commissioner may disclose the information—

I1a

for the purpose of the exercise of any of the Commissioner's functions;

I4b

for the purpose of proceedings for an offence of perjury alleged to have been committed in the course of a standards enforcement investigation;

I4c

for the purpose of an inquiry with a view to the taking of proceedings mentioned in paragraph (b);

I4d

for the purpose of issuing a certificate under section 107 (obstruction and contempt);

I1e

if the information is to the effect that a person is likely to constitute a threat to the health or safety of one or more persons, and the disclosure is to a person to whom the Commissioner thinks it should be disclosed in the public interest;

I1f

if the information is of the kind mentioned in subsection (3), and the disclosure is to the Information Commissioner;

I1g

if the disclosure is to a permitted person, and the Commissioner is satisfied that the public interest condition is met;

I1h

if the information was obtained by the Commissioner more than 70 years before the date of disclosure, and the disclosure is to a person to whom the Commissioner thinks it should be disclosed in the public interest.

I13

The information referred to in subsection (2)(f) is information that appears to the Commissioner to relate to—

a

a matter in respect of which the Information Commissioner could exercise a power conferred by an enactment mentioned in subsection (4); or

b

the commission of an offence mentioned in subsection (5).

I14

The enactments referred to in subsection (3)(a) are—

F3a

sections 142 to 154, 160 to 164 or 174 to 176 of, or Schedule 15 to, the Data Protection Act 2018 (certain provisions relating to enforcement);

b

section 48 of the Freedom of Information Act 2000 (practice recommendations); and

c

Part 4 of that Act (enforcement).

F4I15

The offences referred to under subsection (3)(b) are those under—

a

a provision of the Data Protection Act 2018 other than paragraph 15 of Schedule 15 (obstruction of exercise of warrant etc); or

b

section 77 of the Freedom of Information Act 2000 (offence of altering etc records with intent to prevent disclosure).

I16

For the purposes of subsection (2)(g), the public interest condition is met if the disclosure—

a

is appropriate for the purpose of the exercise by the permitted person of any of that person's functions, and

b

is in the public interest.

I17

In determining for the purpose of this section whether disclosure of information is in the public interest, the Commissioner must take into account the interests of—

a

any person to whom the information relates; and

b

such other persons as the Commissioner thinks appropriate.

I18

This section does not affect the application of F1the data protection legislation to the Commissioner.

I2I39

In this section—

  • F2“the data protection legislation” (“y ddeddfwriaeth diogelu data”) has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

  • “permitted person” (“person a ganiatawyd”) means—

    1. a

      the Welsh Ministers;

    2. b

      the First Minister;

    3. c

      the Counsel General to the Welsh Assembly Government;

    4. d

      the Public Services Ombudsman for Wales;

    5. e

      the Children's Commissioner for Wales;

    6. f

      the Children's Commissioner;

    7. g

      the Commission for Equality and Human Rights;

    8. h

      the Commissioner for Children and Young People for Northern Ireland;

    9. i

      the Commissioner for Older People in Wales;

    10. j

      a housing ombudsman appointed in accordance with a scheme approved under section 51 of the Housing Act 1996;

    11. k

      a council for a county or county borough in Wales;

    12. l

      a council for a county or district in England;

    13. m

      a council for a London borough;

    14. n

      a chief of police of a police force for a police area;

    15. o

      the chief constable of the British Transport Police Force;

  • “standards enforcement investigation” (“ymchwiliad i orfodi safonau”) means an investigation undertaken by the Commissioner under section 71.

I110

The Welsh Ministers may by order amend the definition of “permitted person” in subsection (9) by—

a

adding a person;

b

omitting a person;

c

changing a description of a person.

I111

Before making an order under subsection (10), the Welsh Ministers must consult the person concerned and any other persons they think it appropriate to consult.