(1)A person who discloses information in contravention of section 348 or 350(5) is guilty of an offence.
(2)A person guilty of an offence under subsection (1) is liable—
(a)on summary conviction, to imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum, or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.
(3)A person is guilty of an offence if, in contravention of any provision of regulations made under section 349, he uses information which has been disclosed to him in accordance with the regulations.
(4)A person is guilty of an offence if, in contravention of subsection (4) of section 350, he uses information which has been disclosed to him in accordance with that section.
(5)A person guilty of an offence under subsection (3) or (4) is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 5 on the standard scale, or both.
(6)In proceedings for an offence under this section it is a defence for the accused to prove—
(a)that he did not know and had no reason to suspect that the information was confidential information or that it had been disclosed in accordance with section 350;
(b)that he took all reasonable precautions and exercised all due diligence to avoid committing the offence.
Cases considering section 352 (4)
[2007] EWCA Civ 197 · 9 March 2007Limits
The criminal offence for disclosure contrary to section 348 reinforced the importance of the statutory confidentiality scheme, while the due-diligence defence informed the inspection discretion. (see paras [34]; [52]; [68])
Applies the criminal offence for disclosure in contravention of section 348, but the court expressed no concluded view on the mens rea requirement. (see paras [63]; [68])
Cited only.
Cited only.
Applies the defence for taking all reasonable precautions and exercising due diligence. With judicial guidance on the obligation, that defence meant the risk of criminal liability did not justify refusing inspection. (see paras [52]; [63]; [68])
[2025] UKUT 404 (TCC) · 5 December 2025
The provision creates a criminal offence for disclosure in contravention of section 348 or the applicable statutory scheme. It confirms the significance of the statutory safeguards which replace any collateral-use regime. (see paras [100], [172])
[2025] EWHC 488 (KB) · 28 February 2025
The court noted that breach of the confidentiality prohibition is a criminal offence, reinforcing the statutory restriction on disclosure. (see para [25])
The court noted the statutory defence based on reasonable precautions and due diligence, although it did not apply that defence to determine the application. (see para [25])
What each judgment says about section 352 is in the case-law panel in the full Act.
626.This section makes clear that unauthorised disclosure or use of confidential information is a criminal offence, subject to the defences provided for in subsection (6), and sets out the penalties for these offences. These provisions reproduce the existing offences in this area.