IDG46550 - Public interest disclosures: Flowchart 3 – individual instructions


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Have you confirmed that a specific authorisation may be appropriate, using flowchart 1 ( IDG46450)?NoYou may not use this flow chart until you have confirmed, using chart 1, that a disclosure under a specific instruction may be appropriate. Return to flow chart 1 ( IDG46450)

Yes





Is your disclosure to an accountancy body which has responsibility for the regulation of members of the accountancy profession?YesYou may not use an individual instruction to disclose the information. Any disclosure must be under the general instruction and assessed and passed by the Commissioners’ Advisory Accountant before disclosure.

No





Is your disclosure to any other body responsible for the regulation of members of any profession?YesYou may not disclose the information. You must contact Information Strategy (see IDG90100) to discuss such disclosures prior to going forward.

No





Log the facts relating to the potential disclosure in accordance with IDG46400









Is the disclosure necessary to serve the public interest? For guidance on applying this test, see IDG46150NoYou may not disclose the information. The public interest test has not been satisfied.

Yes





Is it known precisely what information is to be disclosed, and does that information relate to specified persons, transactions or goods?NoYou may not use a specific instruction to disclose the information. Either the information cannot be disclosed, or you need to speak to Information Strategy about approaching the Commissioners for a general instruction.

Yes





Is it known precisely what information is to be disclosed, and does that information relate to specified persons, transactions or goods?NoYou may not use an individual instruction to disclose the information. Either the information cannot be disclosed or you need to speak to Information Strategy (see IDG90100) about approaching the Commissioners for a general instruction.

Yes





Is the disclosure proportionate, in that the public interest in disclosing the information outweighs the public interest in keeping it confidential? See IDG46150 for guidance on applying this test.NoYou may not disclose the information. Disclosure must be proportionate to the effect sought.

Yes





Record the outcomes of these decisions, along with the other information required by IDG46400. Refer the case to a Grade 7 (Band 11/B2) for authorisation. If responsibility for authorising disclosures has been delegated in your business area, refer the case to the appropriate officer. Authorisation may not be delegated below Higher Office (Band 7/C2) level.









AUTHORISING OFFICER - check the decisions made in relation to flow chart 1 ( IDG46450), and the tests described in flow chart 3 ( IDG46550). Please refer to the PID guidance at IDG46050. Are you satisfied that the disclosure is (1) not appropriate to a statutory gateway; (2) in accordance with the criteria for PID specified in the CRCA; (3) not covered by a general instruction; (4) necessary to serve the public interest; and (5) proportionate?NoYou may not authorise the disclosure. A disclosure cannot be made if it does not satisfy ALL of these tests.

Yes





AUTHORISING OFFICER – authorise the disclosure, recording your decision in writing, and return the case to the originating officerOriginating officerYou may disclose the information only so far as disclosure has been authorised. Any further disclosure must be reconsidered and referred back to the authorising officer. You must ensure that the record keeping requirements atIDG46400are adhered to.
Authorising officer



AUTHORISING OFFICER - if this specific disclosure is part of a pattern of disclosures of similar information to the same recipient, consider contacting the central team to request a new general instruction. Contact Information Strategy for more information (see IDG90100).




NOTE: if in doubt as to the answer to any of these questions, do not assume. Seek guidance from your line manager or from Information Strategy (see
IDG90100).

See also

IDG46050Public interest disclosures: Introduction
IDG46100Criteria for making public interest disclosures
IDG46150Establishing the necessity and proportionality of a disclosure
IDG46200Requesting additional disclosure categories
IDG46250Annex 1: Description of boundaries within which Commissioners currently permit individual 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