48Protection from liability

48 Protection from liability

48 Protection from liability

(1) Anything done or omitted to be done by a person in good faith and with reasonable care—

(a) for the purpose of the determination of an application for a clearance or a risk assessment of an applicant for or the holder of a clearance, or

(b) for the purpose of exercising a function under this Act, or

(c) for the purpose of providing information to the Screening Agency as authorised or required under this Act,

does not subject the person to any action, liability, claim or demand.

(2) Without limiting subsection (1)—

(a) a person has qualified privilege in proceedings for defamation in respect of anything done or omitted to be done by the person for the purposes of the determination of an application for a clearance or risk assessment or otherwise exercising a function under this Act, and

(b) damages or compensation (whether for breach of contract or otherwise) are not payable in respect of a decision not to grant a clearance or to cancel or suspend a clearance, or to impose an interim bar, as a result of a risk assessment carried out in good faith and with reasonable care for the purposes of this Act or an application for review (including internal review) under Part 6 (Review of decisions).

(3) This section does not limit or affect any other right, privilege or immunity that a person has as a defendant in any proceedings.