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The Local Authorities (Overview and Scrutiny Committees) (England) Regulations 2009

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Prohibitions on disclosure

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11.—(1) A relevant partner authority may not provide to the relevant committee and an associated authority may not provide to the relevant district council committee—

(a)information that was obtained by the authority from any other person where the provision of that information to the committee by the authority would constitute a breach of confidence actionable by any person;

(b)information the disclosure of which would, or would be likely to, prejudice the exercise of the functions of the authority or the legitimate interests of any person (including the authority holding it);

(c)personal information within the meaning of the Data Protection Act 1998(1), unless the disclosure is permitted by or under that Act; or

(d)other information the disclosure of which is prohibited by or under any enactment.

(2) Where, but for this paragraph, the disclosure of information would be prohibited by paragraph (1)(c), the relevant partner authority or, as the case may be, the associated authority shall—

(a)revise it so that the individual concerned cannot be identified; and

(b)if satisfied that disclosure of the information in that revised form is permitted by or under the Data Protection Act 1998, and is not otherwise prohibited, disclose it.

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