Part VIII
- (b) under section 1 of this Act or section 7 of the Data Protection Act 1998, the applicant would have been entitled (subject to payment of any fee) to communication of any information in accordance with that section,
any person to whom this subsection applies is guilty of an offence if he alters, defaces, blocks, erases, destroys or conceals any record held by the public authority, with the intention of preventing the disclosure by that authority of all, or any part, of the information to the communication of which the applicant would have been entitled.
(2) Subsection (1) applies to the public authority and to any person who is employed by, is an officer of, or is subject to the direction of, the public authority.
(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) No proceedings for an offence under this section shall be instituted—
- (a) in England or Wales, except by the Commissioner or by or with the consent of the Director of Public Prosecutions;
- (b) in Northern Ireland, except by the Commissioner or by or with the consent of the Director of Public Prosecutions for Northern Ireland.
Saving for existing powers. 78. Nothing in this Act is to be taken to limit the powers of a public authority to disclose information held by it.
Defamation. 79. Where any information communicated by a public authority to a person (“the applicant”) under section 1 was supplied to the public authority by a third person, the publication to the applicant of any defamatory matter contained in the information shall be privileged unless the publication is shown to have been made with malice.
Scotland. 80.—(1) No order may be made under section 4(1) or 5 in relation to any of the bodies specified in subsection (2); and the power conferred by section 74(3) does not include power to make provision in relation to information held by any of those bodies.
(2) The bodies referred to in subsection (1) are—
- (a) the Scottish Parliament,
- (b) any part of the Scottish Administration,
- (c) the Scottish Parliamentary Corporate Body, or
- (d) any Scottish public authority with mixed functions or no reserved functions (within the meaning of the 1998 c. 46.Scotland Act 1998).
Application to government departments, etc. 81.—(1) For the purposes of this Act each government department is to be treated as a person separate from any other government department.
(2) Subsection (1) does not enable—