Prohibition of disclosure of information

(1) No information obtained in any way under this Act which can be related to an identifiable person or undertaking shall, except with the written consent of that person or 34 undertaking or the personal representative or next-of-kin of that person, if he be deceased, be disseminated, shown or communicated to any person or body except– (a) for the purpose of a prosecution for an offence under this Act; or (b) to officers or employees of the Institute in the course of their duties under this Act. (2) The Minister may from time to time, with the concurrence of the Board, by Regulations, prescribe such further prohibitions on the disclosure of identifiable records or information obtained under this Act, as he may deem appropriate. (3) The Director-General may, by Order published in the Gazette, authorize the following information to be disclosed– (a) to a person or organization in respect of which disclosure is consented to in writing by the person or organization concerned; (b) information relating to a business in respect of which disclosure is consented to in writing by the owner for the time being of the business; (c) information available to the public under any law; (d) information relating to any hospital, mental institution, library, educational institution, welfare institution or other similar non- commercial institution except particulars arranged in such a manner that it is possible to relate the particulars to any individual patient, inmate or other person in the care of any such institution; 35 (e) information in the form of an index or list of individual establishments, firms or businesses, showing any, some or all the following in relation to them, (i) their names and addresses; (ii) the telephone numbers at which they may be reached in relation to statistical matters; (iii) the official language in which they prefer to be addressed in relation to statistical matters; (iv) the products they produce, manufacture, process, transport, store, purchase or sell, or the services they provide, in the course of their business; or (v) whether they are within specific ranges of numbers of employees or persons engaged by them or constituting their work force; (f) information relating to a local authority or other statutory authority; (g) details of external trade, movement of ships and cargo handled at ports; or (h) information relating to any carrier or public utility provider. (4) In this section“carrier” means any person or association of persons that owns, operates or manages an undertaking that carries or moves 36 persons or commodities by any form of land, sea or air transport; and “public utility” means any person or association of persons that owns, operates or manages an undertaking, (a) for the supply of petroleum or petroleum products by pipeline; (b) for the supply, transmission or distribution of gas, electricity, steam or water; (c) for the collection and disposal of garbage or sewage or for the control of pollution; (d) for the transmission, emission, reception or conveyance of by any telecommunication system; or (e) for the provision of postal services. (5) Subject to sub-sections (6) and (7), and with the approval of the Board, the Director-General may disclose information in the form of individual statistical records solely for bona fide research or statistical purposes provided that– (a) all identifying information such as name and address has been removed; and (b) the information is disclosed in a manner that is not likely to enable the identification of the particular person or undertaking or business to which it relates. (6) Every person to whom any statistical records are disclosed pursuant to this sub-section shall– (a) not attempt to identify any particular person or undertaking or business; 37 (b) use the information for research or statistical purposes only; (c) not disclose the information to any other person or organization; (d) when required by the Director-General, return all documents made available to him to the Director-General; and (e) comply with any directions given by the Director-General relating to the records. (7) Every person involved in research or a statistical project for which information is disclosed pursuant to this section shall subscribe to the oath of secrecy set out in the Schedule II.