S.L. 452.96 Art. 7Confidential information.

(1) A person to whom the employer, pursuant to his obligations under these regulations, entrusts any information or document on terms requiring it to be held in confidence shall not disclose that information or document except in accordance with those terms.

(2) In this regulation a person referred to in subregulation (1) to whom information or a document is entrusted is referred to as a "recipient".

(3) The obligation to comply with subregulation (1) is a duty owed to the employer and a breach of the duty is actionable accordingly.

(4) A recipient whom the employer has entrusted with any information or document on terms requiring it to be held in confidence may refer the dispute to the Industrial Tribunal for a declaration as to whether it was reasonable for the employer to require the recipient to hold the information or document in confidence.

(5) If the Industrial Tribunal considers that the disclosure of the information or the document by the recipient would not, or would not be likely to, prejudice or cause serious harm to the undertaking, it shall make a declaration that it was not reasonable for the employer to require the recipient to hold the information or document in confidence.

(6) If a declaration is made under subregulation (5), the information or document shall not at any time thereafter be regarded as having been entrusted to the recipient who made the application under subregulation (4), or to any other recipient, on terms requiring it to be held in confidence.

(7) The employer is not required to disclose any information or document to a recipient when the nature of the information or document is such that, according to objective criteria, the disclosure of the information or document would seriously harm the functioning of, or would be prejudicial to the undertaking.

(8) Where there is a dispute between the employer and a recipient as to whether the nature of the information or document which the employer has failed to provide is such as is described in subregulation (7), the employer or a recipient may apply to the Industrial Tribunal for a declaration as to whether the information or document is of such a nature.

(9) If the Industrial Tribunal makes a declaration that the disclosure of the information or document in question would not, according to objective criteria, seriously harm the functioning of, or be prejudicial to the employer, the Industrial Tribunal shall order the employer to disclose the information or document, and the order shall specify:

(a) the information or document to be disclosed;

(b) the recipient or recipients to whom the information or document is to be disclosed;

(c) any terms on which the information or document is to be disclosed; and

(d) the date before which the information or document is to be disclosed.