IDG46551 - Public interest disclosures: Flowchart 3 – individual instructions - Accessibility Version

Situation:

You have a potential item for disclosure.

Please ask yourself the following questions.

Have you confirmed that a specific authorisation may be appropriate, using flowchart 1 ( IDG46450)?

If the answer is ‘no’ you should not use this flowchart until you have confirmed, using chart 1, that a disclosure under an individual instructions may be appropriate. Please return to flowchart 1 IDG46450).

But if the answer is ‘yes’ you must ask yourself the following question:

Is the disclosure to an accountancy body which has responsibility for the regulation of members of the accountancy profession?

If the answer is yes, you may not use an individual instruction to disclose the information. Any disclosure must be under the relevant General Instruction and must be assessed and passed by the Commissioners’ Advisory Accountant before disclosure.

If the answer is no, you must ask yourself the following question:

Is your disclosure to any other body responsible for the regulation of members of any profession?

If the answer is yes, you may not disclose the information. You must contact Information Strategy (see IDG90100) to discuss such disclosures prior to going forward.

If the answer is no, you should log the facts relating to the potential disclosure in accordance with IDG46400.

Once the facts relating to the potential disclosure have been recorded in accordance with IDG46400, you must ask yourself the following question:

Is the disclosure necessary to serve the public interest?

(For guidance on applying this test, see IDG46150).

If the answer to this question is ‘no’ and disclosure is contrary to the public interest test noted in IDG46150, you may not disclose the information: the public interest test has not been satisfied.

However, if the answer to this question is ‘yes’ and disclosure is necessary to serve the public interest, as detailed in IDG46150, then you must ask yourself the following question:

Is it known precisely what information is to be disclosed, and does that information relate to specified persons, transactions or goods?

If the answer is no, you 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.

If the answer is yes, you should ask yourself the following question:

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.)

If the answer to this question is ‘no’, that is to say the disclosure is disproportionate as defined in IDG46150, you may not disclose the information. Disclosure must be proportionate to the effect sought.

If the answer to this question is ‘yes’ and the disclosure is proportionate within the criteria noted in IDG46150, then you must:

• 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.

Action required by authorising officer prior to a PID

The authorising officer must check the decisions made in relation to flowchart 1 ( IDG46450), and the tests described above. Please refer to the PID guidance at IDG46050. If you are the authorising officer, 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?

If the answer is ‘no’ to any of the above questions, then you may not authorise the disclosure. A disclosure cannot be made if it does not satisfy all of these tests.

If the answer is ‘yes’ to all the above questions then, as authorising officer, you may authorise the disclosure, recording your decision in writing, and return the case to the originating officer.

Action by originating officer once a PID has been authorised

As the originating officer, you 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 at IDG46400 are adhered to.

Further consideration by the authorising officer

As authorising officer, you must also consider if this specific disclosure is part of a pattern of disclosures of similar information to the same recipient. If so, 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 (seeIDG90100).

See also