Section 95 — Disclosure of information: interaction with external constraints

(1) This section applies in relation to any provision for the disclosure, obtaining or use of information made by or under this Act.

(2) The provision does not require or authorise any disclosure, obtaining or use of information that—

(a) contravenes the data protection legislation, or

(b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(3) But the provision is to be taken into account in determining whether the disclosure, obtaining or use of information would contravene the data protection legislation.

(4) The disclosure of information in accordance with the provision (as read subject to subsection (2)) does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(5) The provision does not require or authorise the disclosure or obtaining of information in respect of which a claim to legal professional privilege could be maintained in legal proceedings without the agreement of the person entitled to maintain that claim.

(6) In the application of subsection (5) in Scotland, the reference to legal professional privilege is to be read as a reference to confidentiality of communications.

(7) In this section “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).