IDG40000 - When we may share information outside of the Department: Contents


This chapter outlines how we can make disclosures in a way that is lawful and proportionate as prescribed by the Commissioners for Revenue and Customs Act 2005, the Human Rights Act, the Freedom of Information Act, and the Data Protection Act.

The chapter also provides an overview of the safeguards and restrictions which we must take account of when making any form of disclosure. You must be aware of these, as failure to comply with them could result in you being subject to criminal sanction.

Sharing information is often beneficial to the Department, other government organisations and our customers, and we do share information where we can. However, we must do so in a way which is in accordance with the requirements which Parliament has placed on our Department.



Legal obligations on information use imposed by the Commissioners for Revenue and Customs Act 2005

IDG40500Disclosure with lawful authority under the Commissioners for Revenue and Customs Act 2005
IDG40750Criminal sanction for wrongful disclosure



Legal obligations on information use imposed by other pieces of legislation

IDG41050Human Rights Act 1998 and proportionality
IDG41200Freedom of Information Act 2000
IDG41400Data Protection Act 1998



General procedural guidance when making any form of disclosure

IDG42050Record keeping when making disclosures
IDG42200Witness statements and affidavits
IDG42400Memoranda of understanding



Lawful disclosure: Consent

IDG43000Disclosure with the customer's consent



Lawful disclosure: Legal gateways

IDG44000Disclosing information through legal gateways



Lawful disclosure: Orders from court

IDG45050Introduction to disclosing information when ordered to by court
IDG45100Circumstances in which the court may require HMRC information
IDG45150Court orders
IDG45200Witness summonses and subpoenas (or witness citation in Scotland)
IDG45250Requests for information from court which are not binding on the crown



Lawful disclosure: Public interest disclosures

IDG46050
Introduction
IDG46100Criteria for making public interest disclosures
IDG46150Establishing the necessity and proportionality of a disclosure
IDG46200Securing additional class instructions
IDG46250Annex 1: description of boundaries within which Commissioners currently permit specific instructions for public interest disclosures under section 20 CRCA
IDG46300Annex 2: General instructions to disclose
IDG46350Annex 3: Rules and procedures for issuing individual instructions to disclose
IDG46400Annex 4: information to be logged when making public interest disclosures
IDG46450Flowchart 1: Process
IDG46500Flowchart 2: General instructions
IDG46550Flowchart 3: Specific instructions



Lawful disclosure: disclosure for functions

IDG47000Disclosure for the purposes of HMRC's functions
IDG47020Disclosing anonymous information for HMRC’s functions
IDG47100Verifying information for the purposes of HMRC’s functions