CHAPTER X U.K. Official controls and other official activities, administrative assistance, cooperation and enforcement by Member States

Article 42 U.K. Confidentiality obligations of the competent authorities

1. Without prejudice to situations where its disclosure is required by [F1 the law in force in the United Kingdom or in the constituent territory of the United Kingdom where the competent authority is located], competent authorities shall require members of their staff to undertake not to disclose to third parties information acquired when undertaking their duties, in the context of official controls and other official activities, which is, by its nature, covered by professional confidentiality, unless there is an overriding public interest in its disclosure.

2. Information covered by professional confidentiality shall include information the disclosure of which would undermine:

(a) the purpose of official controls or investigations;

(b) the protection of commercial interests of an operator or any other natural or legal person;

(c) the protection of court proceedings and legal advice.

Textual Amendments

F1 Words in Art. 42(1) substituted (31.12.2020) by The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 11(4); 2020 c. 1, Sch. 5 para. 1(1)