Without prejudice to Directive 95/46/EC, Member States, acting in the framework of their legal systems, shall ensure that the following records are not made available for purposes other than the safety investigation, unless the competent authority in that Member State determines that there is an overriding public interest in the disclosure of:

1. (a)

   all witness evidence and other statements, accounts and notes taken or received by the investigative body in the course of the safety investigation;

2. (b)

   records revealing the identity of persons who have given evidence in the context of the safety investigation;

3. (c)

   information relating to persons involved in a marine casualty or incident which is of a particularly sensitive and private nature, including information concerning their health.