Commentary on Sections Northern Ireland Section 54: Disclosure of information
148.Section 54 enables information to be disclosed to those bound by the code issued under section 32, local probation boards, the Commissioner and authorities within his remit for the purposes of: compliance with the code; compliance with the duties under sections 35 to 44; and the carrying out of the Commissioner’s functions.
149.Under subsections (4) to (6), the Secretary of State may, in consultation with the Attorney General and the Lord Chancellor, amend the Section by order so as to permit disclosure of information to a wider range of people or for a wider range of purposes. However, the persons to whom information is disclosed must exercise functions of a public nature and the purpose must be connected with the assistance of victims, witnesses and others affected by offences and anti-social behaviour. By virtue of Section 61(4), this power is subject to the affirmative resolution procedure.
150.Subsection (7), makes clear that permission to disclose under this section does not override the provision of the Data Protection Act 1998. It is also implicit that the provisions of the Human Rights Act 1998 would need to be taken into account before any disclosure is made under this section.