Health Act 2007

84.

Prohibition against unauthorised disclosure of confidential information.

84.— (1) In this section “confidential information” means—

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

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

(2) Except in the circumstances set out in subsection (3), a person shall not disclose confidential information obtained while performing functions as—

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

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

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

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

( e) a person appointed as an authorised person under section 70 , or

( f) a person appointed under section 72 .

(3) A person does not contravene subsection (2) by disclosing confidential information if the disclosure—

( a) is authorised by the Authority,

( b) is made to the Board,

( c) is made to the Minister by or on behalf of the Authority or in compliance with this Act, or

( d) is required by law.

Annotations:

Modifications (not altering text):

C4

Person holding record under section excluded from requirement to refuse an FOI request (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 41(1)(a) and sch. 3 part 1, commenced on enactment. This section is listed in sch. 3 part 1.

Enactments relating to non-disclosure of records.

41.—(1) A head shall refuse to grant an FOI request if—

(a) the disclosure of the record concerned is prohibited by law of the European Union or any enactment (other than a provision specified in column (3) of Part 1 or 2 of Schedule 3 of an enactment specified in that Schedule), or

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SCHEDULE 3

Enactments Excluded from Application of Section 41

PART I

Statutes

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No. 23 of 2007

Health Act 2007

Section 84.

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