Information which may be disclosed

• Purpose of disclosure
• When information may be disclosed

Purpose of disclosure

1. Information obtained in the course of your duties may only be disclosed in certain circumstances. Disclosure is permitted for the purpose of:
   • fulfilling your general functions in relation to securing the health, safety and welfare of persons at work ¹;
   • protecting those who may be affected by the activities of persons at work (including the control of dangerous or noxious substances) ²;
   • any legal proceedings or any investigation or inquiry ordered by the HSE ³;
   • a report of such proceedings or inquiry ⁴
2. Disclosure is also permitted for the purpose of:
   • any criminal investigation which is being or may be carried out, whether in the United Kingdom or elsewhere; ⁵
   • criminal proceedings which have been or may be initiated, whether in the United Kingdom or elsewhere ⁶;
   • initiating or bringing to an end any such criminal investigation or proceedings ⁷;
   • determining whether such criminal investigation or proceedings should be initiated or brought to an end ⁸;
3. However, in these circumstances, disclosure of information should not be made unless the public authority is satisfied that disclosure is proportionate to what is sought to be achieved by it ⁹.
4. Other circumstances in which information may be disclosed, such as disclosure under the FOIA¹⁰, are set out in sections 28(3) and (7) HSWA.
5. Information obtained in the course of your duties may also be disclosed with the consent of the person who furnished the information, providing there are not other considerations, for example confidentiality towards a third party, that might prevent disclosure ¹¹.
6. In any other circumstances, release of information which identifies a particular person or place would be a criminal offence ¹² and imprisonable ¹³.

When information may be disclosed

7. You should not seek publicity for any contemplated proceedings prior to the issue of an operational note. If this is considered necessary you should stress that HSE has not yet reached a decision as to whether or not to proceed. You should not refer to this situation as “sub-judice” (i.e. the subject of court action) as no legal proceedings are active.
8. Prior to a court hearing, the information which you intend to rely on may be released to the defendant as Advance Information. Only in exceptional circumstances should information be released at this stage to parties in civil proceedings for any personal injury cases. Where information has been requested, advice from your division / directorate legal liaison point through your line management should be sought. This is to avoid the possibility of details being released to the press which may prejudice the court hearing.
9. Before a hearing you should not inform the press whether the defendant has indicated their intended plea, or whether the prosecution intends to ask for a committal.

---

Footnotes

1. HSWA 1974. s.1 and s.28(3)(b) and (7)(a)
2. HSWA 1974. s.1 and s.28(3)(b) and (7)(a)
3. HSWA 1974. s.28(3)(e) and (7)(b)
4. HSWA 1974. s.28(3)(e) and (7)(b)
5. Anti-terrorism, Crime and Security Act 2001 ("ATCSA"), section 17(2)(a)
6. ATCSA, section 17(2)(b)
7. ATCSA, section 17(2)(c)
8. ATCSA, section 17(2)(d)
9. See ATCSA, section 17(5).
10. See the Health and Safety at Work etc. Act 1974, s 28(3)(f) and (9A) and the section Reporting and publicity – Freedom of information.
11. HSWA 1974 - section 28(2) and section 28(7)(c)
12. HSWA 1974 , section 33(1)(j)
13. HSWA 1974, section 33(4)(e)