PART 3Complaints etc.
CHAPTER 5Investigations and Subsequent Proceedings etc.
Exceptions to duties to keep the complainant and interested person informedI180
1
The exceptions to the duties imposed by regulations 77(7) and 78(12) are where in the opinion of the Commissioner or appropriate authority (as the case may be) the non-disclosure of information is necessary for a purpose mentioned in paragraph (2).
2
The purposes are—
a
preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any actual or prospective disciplinary or criminal proceedings;
b
preventing the disclosure of information in any circumstances in which its non-disclosure—
i
is in the interests of national security;
ii
is for the purposes of the prevention or detection of crime, or the apprehension or prosecution of offenders;
iii
is required on proportionality grounds; or
iv
is otherwise necessary in the public interest.
3
The Commissioner or appropriate authority (as the case may be) may only conclude that the non-disclosure of information is necessary under paragraph (1) if satisfied that—
a
there is a real risk of the disclosure of that information causing an adverse effect, and
b
that adverse effect would be significant.
4
For the purposes of paragraph (2)(b)(iii), the non-disclosure of information is required on proportionality grounds if its disclosure would cause, directly or indirectly, an adverse effect which would be disproportionate to the benefit arising from its disclosure.
5
The Commissioner or appropriate authority (as the case may be) must consider whether the non-disclosure of information is justified under paragraph (2) in circumstances where—
a
that information is relevant to, or may be used in, any actual or prospective administrative action procedures;
b
the disclosure of that information may lead to the contamination of the evidence of witnesses during such procedures;
c
the disclosure of that information might prejudice the welfare or safety of any third party;
d
that information constitutes criminal intelligence.