Regulation 9 Restrictions on disclosure of information to the Commission

(1)

A person shall not be required to produce information under regulation 7(1) which—

(a)

is confidential and relates to and identifies a living individual, unless at least one of the conditions specified in paragraph (2) applies; or

(b)

is prohibited from disclosure by or under any enactment, unless paragraph (3) applies.

(2)

The conditions referred to in paragraph (1)(a) are—

(a)

the information is or can be disclosed in a form from which the identity of the individual cannot be ascertained; or

(b)

the individual consents to the information being disclosed.

(3)

This paragraph applies where—

(a)

the prohibition on the disclosure of information arises because the information is capable of identifying an individual; and

(b)

the information is or can be disclosed in a form from which the identity of the individual cannot be ascertained.

(4)

In a case where the disclosure of information is prohibited by paragraph (1), the Commission, or a person authorised by the Commission under regulation 8(1), may require the person holding the information to put the information in a form from which the identity of the individual concerned cannot be identified, in order that the information may be disclosed.