Education and Skills Bill

The provisions under Clause 16 are not new. Public bodies already pass on information on young people to Connexions under Section 120 of the Learning and Skills Act 2000, and this is already adequately protected by the Data Protection Act. It would be inappropriate and disproportionate to apply the offence under Clause 15 to Clause 16. There is already adequate cover under the Data Protection Act and the offence in Clause 15 relates specifically to social security information. It was included in the Learning and Skills Act 2000 so that it is commensurate with offences in other social security legislation—namely, Section 123 of the Social Security Administration Act 1992. It is designed as a deterrent and the penalties reflect this. Under Clause 16 as it stands, unauthorised disclosure of personal information would lead to a breach of the Data Protection Act. Prosecutions for this offence must be commenced by the Information Commissioner or with the consent of the Director of Public Prosecutions. A person can be tried for this offence and the maximum penalty is a fine limited only by the jurisdiction of the court. For these reasons, I hope the noble Baroness will be satisfied.