Health Act 2007


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.


Modifications (not altering text):


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



Enactments Excluded from Application of Section 41




No. 23 of 2007

Health Act 2007

Section 84.