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Fair Employment (Northern Ireland) Act 1976

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This is the original version (as it was originally enacted).

Confidentiality of information

12(1)Without prejudice to any provision of section 52, no information supplied to the Agency in the course of the investigation shall be disclosed by a member, officer or servant of the Agency to a person who is not a member of, or in the employment of, the Agency, except so far as such disclosure—

(a)is relevant for the purposes of section 2(1), section 38(3), Schedule 1, paragraph 14 or sub-paragraph (2) or (3); or

(b)is necessary for the purpose of carrying out an investigation into a complaint, or for the purpose of communicating to any person, in accordance with the provisions of this Act, the Agency's finding following such an investigation and the reasons for it; or

(c)is necessary for the purposes of any proceedings under this Act, either before a court or before the Appeals Board ; or

(d)is necessary for the purposes of any criminal proceedings or to comply with the order of a court;

but any such disclosure as is mentioned in head (a) above is subject to the safeguard in sub-paragraph (4).

(2)Without prejudice to sub-paragraph (4), where it is necessary or expedient to do so for the proper discharge of the functions of the Agency, a member, officer or servant of the Agency may—

(a)disclose to an employer any information in the Agency's possession which relates to his employees or to other persons who have applied for employment by him ;

(b)disclose to a principal (within the meaning of section 18) any information in the Agency's possession which relates to contract workers whose services are or have been available to him ;

(c)disclose to any person who is empowered by virtue of an enactment to select or nominate another person for employment by a third person any information in the Agency's possession which relates to a person who has applied for the employment in question;

(d)disclose to an employment agency any information in the Agency's possession which relates to a person who has applied for or obtained the services of the agency ;

(e)disclose to a vocational organisation any information in the Agency's possession which relates to members of that organisation or other persons who have applied for membership ;

(f)disclose to a person who provides services in connection with the training of persons for employment in any capacity, or for a particular employment or occupation, any information in the Agency's possession which relates to a person who has sought, or on whose behalf it has been sought, to obtain those services, or who has obtained those services ; or

(g)disclose to a person who has power to confer a qualification such as is mentioned in section 23 any information in the Agency's possession which relates to a person who has applied to have, or has had, that qualification conferred on him.

(3)Without prejudice to sub-paragraph (4), the Agency shall supply to the Department any information in the Agency's possession which the Department requests.

(4)No information in the Agency's possession which discloses, or from which there can be deduced, the religious belief of any identifiable individual shall, without that individual's written consent, be disclosed to any person, except where—

(a)it is disclosed to a person employed by the Agency the nature of whose duties renders it reasonable for him to be supplied with the information ; or

(b)its disclosure is necessary for a purpose mentioned in sub paragraph (1)(b), (c) or (d).

(5)If any person discloses any information in contravention of any provision of this paragraph he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £400.

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