Health Act 2004

Unauthorised disclosure of confidential information.

26.—(1) Except in the circumstances specified in subsection (2), a person shall not disclose confidential information obtained while per forming functions as—

(a) a member of the Board or a committee of the Board,

(b) the chief executive officer or any other employee of the Executive,

(c) a person engaged by the Executive as an adviser, or

(d) an employee of a person referred to in paragraph (c).

(2) A person does not contravene subsection (1) by disclosing confidential information if—

(a) the Executive authorises its disclosure,

(b) the disclosure is made to the Board,

(c) the disclosure is made to the Minister by or on behalf of the Executive or in compliance with a requirement of this Act, or

(d) the disclosure is otherwise required by law.

(3) In this section “confidential information” means—

(a) information that is expressed by the Executive to be confidential either as regards particular information or as regards information of a particular class or description, and

(b) proposals of a commercial nature or tenders submitted to the Executive by any person.