Institutional Burials Act 2022
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Prohibition on disclosure of confidential information | ||
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30. (1) Subject to subsections (3) and (4)— | ||
(a) a specified person shall not, at any time, unless he or she is required or permitted by law or duly authorised in writing by a Director, disclose confidential information obtained by the person while performing his or her functions under this Act or pursuant to an appointment made, or a contract or arrangement entered into, under section 19 , | ||
(b) a person who is or was a member of staff of FSI shall not, at any time, unless he or she is required or permitted by law or duly authorised in writing by the Director of FSI, disclose confidential information obtained by the person while performing his or her functions as a member of staff of FSI under this Act, | ||
(c) a person who is or was a member of the Oversight Committee shall not, at any time, unless he or she is required or permitted by law or duly authorised in writing to do so by the Oversight Committee, disclose confidential information obtained by the person while performing his or her functions as a member of that Committee under this Act, and | ||
(d) a person who provides or provided services, or is or was engaged as a consultant or adviser to the Oversight Committee, in accordance with section 69 in relation to functions of that Committee under this Act, shall not, at any time, unless he or she is required or permitted by law, or duly authorised in writing to do so by the Oversight Committee, disclose confidential information obtained by the person while providing such services or being so engaged. | ||
(2) A person who intentionally or recklessly contravenes subsection (1) is guilty of an offence. | ||
(3) Nothing in subsection (1) shall prevent the disclosure of information by a specified person in the course of the performance of his or her functions— | ||
(a) under this Act, or | ||
(b) pursuant to an appointment made, or a contract or arrangement entered into, under section 19 . | ||
(4) Nothing in subsection (1) shall prevent the disclosure of information by a person referred to in paragraph (b) or (c) of that subsection in the course of the performance of his or her functions under this Act. | ||
(5) In this section— | ||
“confidential information” includes information— | ||
(a) that is expressed by the Director to be confidential either as regards particular information or as regards information of a particular class or description, | ||
(b) contained in a notification referred to in section 42 or 44 or given by the person making the notification for the purposes of establishing his or her entitlement to make that notification, | ||
(c) given by a person for the purposes of establishing whether or not he or she may, in accordance with section 48 , participate in an Identification Programme, | ||
(d) given by a relevant person for the purposes of his or her participation in an Identification Programme, or | ||
(e) which reveals the results of a DNA profile comparison by reference to an identifiable relevant person or an identifiable applicable person; | ||
“specified person” means— | ||
(a) a member of staff of a Director, | ||
(b) a member of an Advisory Board, | ||
(c) a consultant or adviser appointed under section 19 , a person with whom a Director has entered into a contract or arrangement under that section or a member of staff of such consultant, adviser or person, | ||
(d) an adjudicator, or | ||
(e) a person who has acted in a capacity referred to in any of paragraphs (a) to (d). |