Protected Disclosures Act 2000

Before its repeal, this Act was administered by: Public Service Commission
  • repealed
  • Protected Disclosures Act 2000: repealed, on 1 July 2022, by section 41 of the Protected Disclosures (Protection of Whistleblowers) Act 2022 (2022 No 20).
19 Confidentiality

(1)

Every person to whom a protected disclosure is made or referred must use his or her best endeavours not to disclose information that might identify the person who made the protected disclosure unless—

(a)

that person consents in writing to the disclosure of that information; or

(b)

the person who has acquired knowledge of the protected disclosure reasonably believes that disclosure of identifying information—

(i)

is essential to the effective investigation of the allegations in the protected disclosure; or

(ii)

is essential to prevent serious risk to public health or public safety or the environment; or

(iii)

is essential having regard to the principles of natural justice.

(2)

A request for information under the Official Information Act 1982 or under the Local Government Official Information and Meetings Act 1987 (other than one made by a constable for the purpose of investigating an offence) may be refused, as contrary to this Act, if it might identify a person who has made a protected disclosure.

(3)

An Ombudsman may—

(a)

provide information and guidance to organisations and employees concerning the circumstances in which anonymous disclosures of information may be made under this Act; and

(b)

otherwise provide advice and assistance to organisations and other persons in relation to the duty specified in subsection (1).

Section 19(2): amended, on 6 May 2009, by section 10(1) of the Protected Disclosures Amendment Act 2009 (2009 No 11).

Section 19(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Protected Disclosures Amendment Act 2009 (2008 No 72).

Section 19(3): added, on 6 May 2009, by section 10(2) of the Protected Disclosures Amendment Act 2009 (2009 No 11).