Disclosing Confidential Information

Confidential information is covered by paragraph 4(a) of the Code

Paragraph 4(a) of the Code says you must not disclose information given to you in confidence by anyone. You must also not disclose information which you believe, or ought reasonably to be aware, is of a confidential nature – except where certain exceptions apply.

What is ‘confidential information’?

Information is a broad term. It includes facts, advice and opinions. It also covers written materials, including tapes, videos, CDs, DVDs and other electronic media.

Information is confidential:

if it is about something serious and not trivial
if the nature of the information is sensitive or personal, for example it is a business secret
if it is information that you would expect people would want to be private
if it was divulged in a way which implied it should be kept confidential
if disclosing the information would be detrimental to the person who wishes to keep it confidential

If the council, the executive or a committee of the council has voted to treat the information as exempt, then you should maintain it as confidential.

When can confidential information be disclosed?

You are able to disclose confidential information when:

the person authorised to give it has given you the consent to disclose it
you are required by law to do so
the disclosure is made to a third party in order to obtain professional advice, for example a lawyer
the disclosure is in the public interest.

Justification for disclosure in the public interest

Disclosing confidential information in the public interest can only be justified when all of the following points are met:

the disclosure must be reasonable – this is a matter of judgment. However, when making this decision, you should consider carefully why you want to disclose the information, whether it is true, how serious the issue is and who to tell
the disclosure must be in the public interest – information is in the public interest if:
- a criminal offence is committed
- the authority fails to comply with its legal obligations
- a miscarriage of justice occurs
- the health and safety of an individual is in danger
- the environment is likely to be damaged
- information about any of the issues above is deliberately concealed
the disclosure must be made in good faith – the disclosure will not be justified if it is being made to promote your interests or is for political gain
the disclosure must be made in compliance with any reasonable requirements of your authority – you must first raise your concerns through the appropriate channels set out in your authority’s policies and procedures. For example, policies on whistle-blowing or member-officer relationships should be followed before making a disclosure.

When would a public interest disclosure not be justified?

If the disclosure would amount to a criminal offence or when information is protected by legal professional privilege, it is unlikely that its release could be justified as being in the public interest.

Find out more

Please read our Code of Conduct: Guidance for members 2007
Call our enquiries line on 0845 078 8181
Email us at enquiries@standardsforengland.gov.uk

Published on 8 October 2009.

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