Part 4: Trade information Section 14: Disclosure of information by other authorities
Having left the EU, Government departments with trade functions (in particular the Department for International Trade and Cabinet Office) need to have access to data held by other public authorities to assist them to carry out their functions relating to trade. For example, information is required by the Cabinet Office so that, through its Border and Protocol Delivery Group, it can analyse and promote efficiencies in the flow of traffic, goods and services in and out of the United Kingdom. Section 14 allows specific public authorities to share data with Government departments with trade functions in order that they can fulfil those functions.
	Section 14(1) allows specific public authorities to share data for the purpose of facilitating the exercise by a Minister of the Crown of the Minister’s function as they relate to trade. In particular, this section will enable data sharing with the Department for International Trade and the Cabinet Office. The data sharing power is permissive so the public authority sharing the information must satisfy itself that sharing the data is for the purpose relating to trade. Section 14(3) lists the specific public authorities who are able to disclose information under section 14(1).
	Section 14(2) provides a non-exhaustive list of functions connected with the border which are part of wider Minister of the Crown functions relating to trade. Listing these functions will enable the specific public authorities to more readily satisfy themselves that these functions connected with the border are functions for which disclosure would be permitted under section 14(1).
	Section 14(4) ensures that information can only be used by the recipient for the purpose for which it was disclosed, that is, to facilitate the exercise by a Minister of the Crown of the Minister’s functions relating to trade (or, if the information has been further disclosed under section 14(5) to another public authority, to facilitate the exercise of that public authority’s functions relating to trade). Functions in relation to trade include the functions listed in section 14(2).
	Section 14(5) provides a power enabling the recipient to further disclose the information if it receives the consent of the public authority that disclosed the information under section 14(1). Permission can be granted on an individual disclosure basis or on a general basis. The recipient of information under section 14(5) is subject to the restrictions on use in section 14(4).
	Section 14(6) confirms that this section does not limit or constrain data sharing powers in any other enactment or rule of law. In effect this means that any restrictions on the sharing of data under this provision are limited to the scope of this Act.
	Certain information held by specific public authorities are subject to constraints on disclosure. To enable sharing of this information, section 14(7) provides a general disapplication of these restrictions. As a result, disclosure under this section does not breach any obligation of confidence owed by a person disclosing information, or any other restriction on the disclosure of information. This means that any information held by the specific public authorities can be disclosed, should the purpose in section 14(1) be satisfied.
	Section 14(8) confirms that nothing in this section permits the disclosure of information which is not also permitted under the data protection legislation (principally the Data Protection Act 2018 and the GDPR) or the Investigatory Powers Act 2016.
	Section 14(9) provides the Minister of the Crown with the power to add or remove public authorities from the list of specified public authorities in section 14(3) who can disclose information under subsection (1). Subsection (10) provides that any regulations made under section 14(9) are subject to the affirmative procedure.