IDG46350 - Public interest disclosures: Annex 3 - Rules and procedures for issuing individual instructions to disclose

Where a need arises for a disclosure that falls within the circumstances described in section 20 CRCA (see IDG46250), but which is not within the terms of an existing general instruction (see IDG46300), an individual instruction to disclose may be issued. The Commissioners have instructed that no individual instructions are to be authorised under section 20(3) in respect of disclosures to an accountancy body with responsibility for the regulation of members of the accountancy profession. Furthermore, disclosures to other professional regulatory bodies under section 20(3) must not be made without first seeking guidance from Information Strategy (see IDG90100).

Individual instructions must only be made in respect of a one-off disclosure of specified information that relates to specified persons, transactions or goods. In order to issue an individual instruction, the rules and procedures set out below must be followed (these are also set out in the flowchart at IDG46450, which you may find it helpful to follow).

1. You must confirm that the disclosure does not fall within an existing statutory gateway (see IDG44000).
   
   
2. You must confirm that the proposed disclosure falls within the circumstances and purposes for which the Commissioners permit disclosure under section 20 CRCA (see IDG46250). If in doubt, contact the Information Strategy team for advice (see IDG90100).
   
   
3. You should check that the disclosure is not already covered by a general instruction (see IDG46300). If it is, then the disclosure must be made under the general instruction and a further individual instruction is not required.
   
   
4. You must consider the necessity and proportionality of the disclosure (see IDG46150 for guidance on making this judgement).
   
   
5. You must log the sequence of information required by the record-keeping procedures set out at IDG46400.
   
   
6. You must obtain clearance to disclose at not less than Grade 7 (band 11/B2 level), unless authority has been delegated below this. Note that authority may in no circumstances be delegated below Higher Officer (band 7/C2) level. Any rules, procedures and safeguards which would normally apply in your business area to delegation will apply equally to authority to disclose in the public interest.
   
   
7. The authorising officer should conduct a final check to ensure that all necessary requirements have been followed - and in particular:

If in doubt on any point, consult line management or Information Strategy (see IDG90100) for advice.

See also