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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