Public Interest Disclosures Act 1994 No 92
Historical version for 1 July 2011 to 31 October 2011 (accessed 24 May 2013 at 18:45)
Current version
22 Confidentiality guideline
(1) An investigating authority or public authority (or officer of an
investigating authority or public authority) or public official to whom a
protected disclosure is made or referred is not to disclose information that
might identify or tend to identify a person who has made the protected
disclosure unless:(a) the person consents in writing to the disclosure of that
information, or it is generally known that the person has made the protected
disclosure as a result of the person having voluntarily identified themselves
(otherwise than by making the protected disclosure) as the person who made the
protected disclosure, or
(b) it is essential, having regard to the principles of natural
justice, that the identifying information be disclosed to a person whom the
information provided by the disclosure may concern, or
(c) the investigating authority, public authority, officer or public
official is of the opinion that disclosure of the identifying information is
necessary to investigate the matter effectively or it is otherwise in the
public interest to do so.
(2) As part of its procedures for receiving, assessing and dealing
with protected disclosures, a public authority must establish procedures for
ensuring that a public official who belongs to the public authority maintains
confidentiality in connection with a protected disclosure made by the public
official.Note. These procedures are required to be the subject of a policy of the
public authority under section 6D.