Clause 18 - Sharing and use of information under the NIS Regulations etc
Amendment proposed: 3, page 41, line 15, at end insert—
“Exemption from disclosure: right to a fair trial
6AB.—(1) Nothing in sub-paragraphs (1)(d) to (1)(f) of regulation 6, or regulation 6A, permits a NIS enforcement authority to share information with another NIS enforcement authority or with a person within paragraph (2) of regulation 6 if the Secretary of State determines that—
(a) the receiving jurisdiction is one in which the right to a fair trial cannot be guaranteed, or
(b) the disclosure could result in actions being taken that would be incompatible with the right to a fair trial.
(2) For the purposes of making a determination under paragraph (1) above, the Secretary of State must have regard to the opinion of—
(a) subject matter experts, and
(b) competent civil society groups.
(3) The Secretary of State must, within 12 months of the passing of the Cyber Security and Resilience (Network and Information Systems) Act 2026, publish and lay before Parliament an annual report detailing the determinations made under paragraph (1) above in the previous 12 months.”—(Sir Iain Duncan Smith.)