§ 43 — Restriction on disclosure of confidential information

43.—(1) This section applies if —(a)

any information or document is given by a person to the Agency under this Act; and

(b)

at the time the information or document is given, the person giving it notifies the Agency in writing that it is of a confidential or commercially sensitive nature.

(2) The Agency must not disclose to any person the information or the contents of a document to which this section applies unless —(a)

the Agency is of the opinion that —(i)

the disclosure of the information or the contents of the document would not cause detriment to the person supplying it or to any other person who is aware of the information or the contents of the document; or

(ii)

although the disclosure of the information or the contents of the document would cause detriment to the person supplying it or to any other person who is aware of the information or the contents of the document, the public benefit in disclosing outweighs that detriment;

(b)

the Agency gives written notice to —(i)

the person who supplied the information or document; and

(ii)

any other person whom the Agency is aware has supplied the information or document to the person mentioned in sub‑paragraph (i), where the identity of such other person is known to the Agency,

stating that the Agency wishes to disclose the information or contents of the document, specifying the nature of the intended disclosure and detailed reasons why the Agency wishes to make the disclosure and setting out a copy of this section; and

(c)

no appeal is made to the Minister under subsection (3) within 14 days after the date of the giving of the notice.

(3) A person who is aggrieved by a notice under subsection (2)(b) may appeal to the Minister within 14 days after the date of the giving of the notice.

(4) Subsection (2) does not prevent the Agency from disclosing any information or the contents of any document —(a)

to any member, officer or employee of the Agency or any agent, consultant, committee or panel acting for or under the direction of the Agency;

(b)

to the Minister or any agent, consultant, committee or panel acting for or under the direction of the Minister;

(c)

to the operator of a licensed scheme for the determination of the fees payable by members of the licensed scheme;

(d)

when required to do so by any court or under this Act or any other written law; or

(e)

for the purposes of any criminal proceedings.

(5) For the purposes of this section, the disclosure of any information or the contents of a document already in the public domain at the time the Agency wishes to disclose it cannot cause detriment to any person mentioned in subsection (2)(a).

—(1) This section applies if —(a)

any information or document is given by a person to the Agency under this Act; and

(b)

at the time the information or document is given, the person giving it notifies the Agency in writing that it is of a confidential or commercially sensitive nature.

(2) The Agency must not disclose to any person the information or the contents of a document to which this section applies unless —(a)

the Agency is of the opinion that —(i)

the disclosure of the information or the contents of the document would not cause detriment to the person supplying it or to any other person who is aware of the information or the contents of the document; or

(ii)

although the disclosure of the information or the contents of the document would cause detriment to the person supplying it or to any other person who is aware of the information or the contents of the document, the public benefit in disclosing outweighs that detriment;

(b)

the Agency gives written notice to —(i)

the person who supplied the information or document; and

(ii)

any other person whom the Agency is aware has supplied the information or document to the person mentioned in sub‑paragraph (i), where the identity of such other person is known to the Agency,

stating that the Agency wishes to disclose the information or contents of the document, specifying the nature of the intended disclosure and detailed reasons why the Agency wishes to make the disclosure and setting out a copy of this section; and

(c)

no appeal is made to the Minister under subsection (3) within 14 days after the date of the giving of the notice.

(3) A person who is aggrieved by a notice under subsection (2)(b) may appeal to the Minister within 14 days after the date of the giving of the notice.

(4) Subsection (2) does not prevent the Agency from disclosing any information or the contents of any document —(a)

to any member, officer or employee of the Agency or any agent, consultant, committee or panel acting for or under the direction of the Agency;

(b)

to the Minister or any agent, consultant, committee or panel acting for or under the direction of the Minister;

(c)

to the operator of a licensed scheme for the determination of the fees payable by members of the licensed scheme;

(d)

when required to do so by any court or under this Act or any other written law; or

(e)

for the purposes of any criminal proceedings.

(5) For the purposes of this section, the disclosure of any information or the contents of a document already in the public domain at the time the Agency wishes to disclose it cannot cause detriment to any person mentioned in subsection (2)(a).