Schedule 12: OFCOM’s powers of entry, inspection and audit Disclosure of information Section 117: Provision of information to the Secretary of State
The section makes amendments to section 24B of the Communications Act 2003 (CA 2003), which allows OFCOM to provide information to the Secretary of State that OFCOM considers may assist the Secretary of State in the formulation of policy.
	Subsection (2) of this section amends section 24B(2) of the CA 2003 so that, where information relating to a particular business has been obtained using a power under the Online Safety Act 2023, OFCOM may not provide this information to the Secretary of State without the consent of the person carrying on that business whilst the business is carried on. This does not affect the fact that consent must still also be obtained for OFCOM to share information that has been acquired using powers in the CA 2003, the Broadcasting Act 1990, the Broadcasting Act 1996, the Wireless Telegraphy Act 2006 or Part 3 of the Postal Services Act 2011 (which were already listed in section 24B(2) of CA 2003).
	Subsection (3) inserts a new subsection (3) into section 24B of the CA 2003. This new subsection provides that section 24B(2) does not apply, and therefore the consent of the person carrying on the relevant business is not required, for OFCOM to share information which is reasonably required by the Secretary of State and:
Was obtained by OFCOM using the power under section 100 in order to determine a proposed threshold figure, which if met or exceeded by providers renders them liable to pay fees to OFCOM (the purpose under subsection (5)(c) of that section); or
Was obtained by OFCOM using the power under section 175(5) to require information from a provider of a regulated service in response to potential threats to national security, or to the health or safety of the public.