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s 55

Restriction on disclosure of confidential information

In force
Part 6Collection and use of information

55 Restriction on disclosure of confidential information

(1)

This section applies if information or a document is given to the Authority under section 47 or 51 and, at the time it is given, the person giving it states that it is of a confidential or commercially sensitive nature.

(2)

The Authority must not disclose the information or the contents of the document to any person unless the Authority is of the opinion —

(a)

that the disclosure of the information or document would not cause detriment to the person giving it or another person; or

(b)

that, although the disclosure of the information or document would cause detriment to the person giving it or another person, the public benefit in disclosing it outweighs that detriment.

(3)

Subsection (2) does not prevent the Authority —

(a)

from disclosing information or the contents of a document to a staff member; or

(b)

from using information or a document for the purposes of civil or criminal proceedings.

(4)

For the purposes of this section, the disclosure of anything that is already in the public domain at the time the Authority wishes to disclose it cannot cause detriment to a person.

(5)

In this section —

given, in relation to a document, includes produced.

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