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Change 1
As published
176 Section 173: confidential information
(1) This section applies where—
(a) information has been extracted under the power conferred by virtue of section 173(1), and
(b) it appears to any person accessing the information as a result of the exercise of that power that the information is, or contains, confidential information.
(2) Subject to subsections (3) and (7), as soon as reasonably practicable after accessing the confidential information, the person must ensure that—
(a) the information is made inaccessible, or
(b) where the extraction involved a copy being made of the confidential information, the copy is destroyed.
(3) The duty in subsection (2) does not apply if—
(a) the confidential information is comprised in other information which is not confidential information, and
(b) it is not reasonably practicable for the confidential information to be separated from that other information without prejudicing its use in relation to a reasonable line of enquiry of the kind mentioned in section 173(2)(a).
(4) Where the duty in subsection (2) is so disapplied, the person accessing the confidential information must ensure that it is not—
(a) examined or copied, or
(b) put to any use other than as mentioned in subsection (3)(b).
(5) In this section “confidential information” means information which constitutes or may constitute—
(a) confidential journalistic material within the meaning of the Investigatory Powers Act 2016 (see section 264(6) and (7) of that Act), or
(b) protected material.
(6) In this section “protected material” means—
(a) so far as this section applies to England and Wales—
(i) items subject to legal privilege, within the meaning of the Police and Criminal Evidence Act 1984 (see section 10 of that Act);
(ii) excluded material within the meaning of that Act (see section 11 of that Act);
(iii) special procedure material within the meaning of that Act (see section 14 of that Act);
(b) so far as this section applies to Scotland—
(i) items in respect of which a claim to confidentiality of communications could be maintained in legal proceedings;
(ii) other material of a kind mentioned in paragraph (a)(ii) or (iii) of this subsection;
(c) so far as this section applies to Northern Ireland—
(i) items subject to legal privilege within the meaning of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (see Article 12 of that Order);
(ii) excluded material within the meaning of that Order (see Article 13 of that Order);
(iii) special procedure material within the meaning of that Order (see Article 16 of that Order).
(7) The Secretary of State may by regulations provide for circumstances in which the duty in subsection (2) does not apply in relation to protected material of the kind mentioned in subsection (6)(a)(ii) and (iii), (b)(ii), and (c)(ii) and (iii).
Your change, as a redline
176 Section 173: confidential information
(1) This section applies where—
(a) information has been extracted under the power conferred by virtue of section 173(1), and
(b) it appears to any person accessing the information as a result of the exercise of that power that the information is, or contains, confidential information.
(2) Subject to subsections (3) and (7), as soon as reasonably practicable after accessing the confidential information, the person must ensure that—
(a) the information is made inaccessible, or
(b) where the extraction involved a copy being made of the confidential information, the copy is destroyed.
(3) The duty in subsection (2) does not apply if—
(a) the confidential information is comprised in other information which is not confidential information, and
(b) it is not reasonably practicable for the confidential information to be separated from that other information without prejudicing its use in relation to a reasonable line of enquiry of the kind mentioned in section 173(2)(a).
(4) Where the duty in subsection (2) is so disapplied, the person accessing the confidential information must ensure that it is not—
(a) examined or copied, or
(b) put to any use other than as mentioned in subsection (3)(b).
(5) In this section “confidential information” means information which constitutes or may constitute—
(a) confidential journalistic material within the meaning of the Investigatory Powers Act 2016 (see section 264(6) and (7) of that Act), or
(b) protected material.
(6) In this section “protected material” means—
(a) so far as this section applies to England and Wales—
(i) items subject to legal privilege, within the meaning of the Police and Criminal Evidence Act 1984 (see section 10 of that Act);
(ii) excluded material within the meaning of that Act (see section 11 of that Act);
(iii) special procedure material within the meaning of that Act (see section 14 of that Act);
(b) so far as this section applies to Scotland—
(i) items in respect of which a claim to confidentiality of communications could be maintained in legal proceedings;
(ii) other material of a kind mentioned in paragraph (a)(ii) or (iii) of this subsection;
(c) so far as this section applies to Northern Ireland—
(i) items subject to legal privilege within the meaning of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (see Article 12 of that Order);
(ii) excluded material within the meaning of that Order (see Article 13 of that Order);
(iii) special procedure material within the meaning of that Order (see Article 16 of that Order).
(7) The Secretary of State may by regulations provide for circumstances in which the duty in subsection (2) does not apply in relation to protected material of the kind mentioned in subsection (6)(a)(ii) and (iii), (b)(ii), and (c)(ii) and (iii).
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