Part VIMiscellaneous and General

Information provided to Commissioner or Tribunal

58Disclosure of information

No enactment or rule of law prohibiting or restricting the disclosure of information shall preclude a person from furnishing the Commissioner or the Tribunal with any information necessary for the discharge of their functions under this Act.

59Confidentiality of information

1

No person who is or has been the Commissioner, a member of the Commissioner’s staff or an agent of the Commissioner shall disclose any information which—

a

has been obtained by, or furnished to, the Commissioner under or for the purposes of this Act,

b

relates to an identified or identifiable individual or business, and

c

is not at the time of the disclosure, and has not previously been, available to the public from other sources,

unless the disclosure is made with lawful authority.

2

For the purposes of subsection (1) a disclosure of information is made with lawful authority only if, and to the extent that—

a

the disclosure is made with the consent of the individual or of the person for the time being carrying on the business,

b

the information was provided for the purpose of its being made available to the public (in whatever manner) under any provision of this Act,

c

the disclosure is made for the purposes of, and is necessary for, the discharge of—

i

any functions under this Act, or

ii

any Community obligation,

d

the disclosure is made for the purposes of any proceedings, whether criminal or civil and whether arising under, or by virtue of, this Act or otherwise, or

e

having regard to the rights and freedoms or legitimate interests of any person, the disclosure is necessary in the public interest.

3

Any person who knowingly or recklessly discloses information in contravention of subsection (1) is guilty of an offence.