Confidentiality in relation to judicial appointments and discipline

1 A person who obtains confidential information, or to whom confidential information is provided, under or for the purposes of a relevant provision must not disclose it except with lawful authority. 2 These are the relevant provisions— a section 12, 12A and 12B of the Judicature (Northern Ireland) Act 1978 (appointment and removal of Lord Chief Justice, Lords Justices of Appeal and judges of High Court); b sections 3, 5, 7 and 9 to 9H of this Act (appointment and removal of judicial officers, and appointment and removal of lay magistrates); c sections 134 and 135 of the Constitutional Reform Act 2005 (removal from judicial offices); d section 16 of this Act (complaints about judicial officers); 3 Information is confidential if it relates to an identified or identifiable individual (a “subject”). 4 Confidential information is disclosed with lawful authority only if and to the extent that any of the following applies— a the disclosure is with the consent of each person who is a subject of the information (but this is subject to subsection (5)); b the disclosure is for (and is necessary for) the exercise by any person of functions under a relevant provision or a decision whether to exercise them; c the disclosure is required, under rules of court or a court order, for the purposes of legal proceedings of any description. 5 An opinion or other information given by one identified or identifiable individual (A) about another (B)— a is information that relates to both; b must not be disclosed to B without A's consent. 6 This section does not prevent the disclosure with the agreement of the Lord Chancellor and the Lord Chief Justice of information as to disciplinary action taken in accordance with a relevant provision. 7 This section does not prevent the disclosure of information which is already, or has previously been, available to the public from other sources. 8 A contravention of this section in respect of any information is actionable, subject to the defences and other incidents applying to actions for breach of statutory duty. 9 But it is actionable only at the suit of a person who is a subject of the information.