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ACT
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RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
Part III
(4) A person who makes a disclosure to any other person of anything
that he is required by a section 49 notice to keep secret shall be guilty of
an offence and liable—
(a) on conviction on indictment, to imprisonment for a term not
exceeding five years or to a fine, or to both;
(b) on summary conviction, to imprisonment for a term not
exceeding six months or to a fine not exceeding the statutory
maximum, or to both.
(5) In proceedings against any person for an offence under this section
in respect of any disclosure, it shall be a defence for that person to
show that—
(a) the disclosure was effected entirely by the operation of software
designed to indicate when a key to protected information has
ceased to be secure; and
(b) that person could not reasonably have been expected to take
steps, after being given the notice or (as the case may be)
becoming aware of it or of its contents, to prevent the disclosure.
(6) In proceedings against any person for an offence under this section
in respect of any disclosure, it shall be a defence for that person to
show that—
(a) the disclosure was made by or to a professional legal adviser in
connection with the giving, by the adviser to any client of his, of
advice about the effect of provisions of this Part; and
(b) the person to whom or, as the case may be, by whom it was made
was the client or a representative of the client.
(7) In proceedings against any person for an offence under this section
in respect of any disclosure, it shall be a defence for that person to show
that the disclosure was made by a legal adviser—
(a) in contemplation of, or in connection with, any legal
proceedings; and
(b) for the purposes of those proceedings.
(8) Neither subsection (6) nor subsection (7) applies in the case of a
disclosure made with a view to furthering any criminal purpose.
(9) In proceedings against any person for an offence under this section
in respect of any disclosure, it shall be a defence for that person to show
that the disclosure was confined to a disclosure made to a relevant
Commissioner or authorised—
(a) by such a Commissioner;
(b) by the terms of the notice;
(c) by or on behalf of the person who gave the notice; or
(d) by or on behalf of a person who—
(i) is in lawful possession of the protected information to
which the notice relates; and
(ii) came into possession of that information as mentioned
in section 49(1).
(10) In proceedings for an offence under this section against a person
other than the person to whom the notice was given, it shall be a defence