Safety, Health and Welfare at Work Act 2005

Prohibition on unauthorised disclosure of confidential information.

73

73.—(1) Save as otherwise provided by law and subject to subsection (2), a person shall not, unless duly authorised by the Authority, disclose confidential information obtained by the person while performing or as a result of performing any functions as—

(a) a member of the Authority,

(b) a member of the staff (including the Chief Executive) of the Authority,

(c) a member of an advisory committee, F40[…]

(d) a consultant or adviser to the Authority or an employee of such F41[person,]

F42[(e) a member of the Accreditation Board, or

(f) a member of the Appeals Board.]

(2) Subsection (1) does not prohibit the disclosure of information by means of a report made—

(a) to the Authority,

(b) to the Minister, by or on behalf of the Authority, or

(c) to a coroner holding an inquest under the Coroners Act 1962 on the body of a person whose death may have been caused through personal injury.

(3) The Freedom of Information Act 1997 is amended in the Third Schedule thereto—

(a) by the deletion—

(i) in column (1), of “No. 7 of 1989”,

(ii) in column (2), of “Safety, Health and Welfare at Work Act 1989.”, and

(iii) in column (3), of “Section 45.”,

and

(b) by the addition to Part 1 at the end thereof—

(i) in column (2), of “Safety, Health and Welfare at Work Act 2005.”, and

(ii) in column (3), of “Section 73.”.

Annotations

Amendments:

F40

Deleted (31.07.2014) by Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 34(a), S.I. No. 304 of 2014.

F41

Substituted (31.07.2014) by Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 34(b), S.I. No. 304 of 2014.

F42

Inserted (31.07.2014) by Industrial Development (Forfás Dissolution) Act 2014(13/2014), s. 34(c), S.I. No. 304 of 2014.

Modifications (not altering text):

C22

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 1

Statutes

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No. 10 of 2005 Safety, Health and Welfare at Work Act 2005, Section 73

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