Automatic tipping-of paras 10.14 to 10.17
Automatic tipping-off
10.14 For security purposes, certain software has been designed to give an automatic warning when a key has been disclosed or has ceased to be secure. This can conflict with a secrecy requirement, although the person seeking permission to give the notice should, so far as is practicable, establish whether the intended recipient of the notice uses such software and if so what reasonable steps they can take to prevent or defer such disclosure.
10.15 Where a disclosure occurs contrary to a secrecy requirement it is a defence for a person to show that the disclosure was automatic and effected entirely by the operational software designed to indicate that a key to protected information ceases to be secure and they could not reasonably have prevented that taking place, whether after being given the notice or becoming aware of it or its contents.
10.16 It is also a defence for a person to show that the disclosure was made by or to a professional legal adviser as part of giving advice to a client of his about the effect of the provisions of Part III of the Act and that the person to whom or by whom the disclosure was made was the client or a representative of the client; or where a disclosure was made by a legal adviser in connection with any proceedings before a court or tribunal.
10.17 If a disclosure is made by or to a legal professional adviser with a view to furthering any criminal purpose that disclosure shall not be a defence in proceedings for a Section 54 offence.