sec.31Restriction on disclosing relevant entity’s confidential information

sec.31 Restriction on disclosing relevant entity’s confidential information

This section applies if the relevant entity has given the energy and water ombudsman information for a preliminary inquiry about, or an investigation into, a dispute referral. The entity may tell the energy and water ombudsman that it believes the information is confidential or that disclosing the information might be to the detriment of its commercial interests. The energy and water ombudsman must, acting reasonably, decide whether the ombudsman considers the belief is justified. If the decision is that the belief is justified, the energy and water ombudsman must not use or disclose the information other than by divulging or communicating it as mentioned in section 79 (3) . If the decision is that the belief is not justified, the ombudsman may use or disclose the information only— as mentioned in section 79 (3) ; or for disclosure—if the disclosure is to the other party. However, before disclosing the information to anyone other than an energy and water ombudsman officer, the energy and water ombudsman must give the entity reasonable written notice of the proposed disclosure. The energy and water ombudsman can not use or disclose the information other than as permitted under this section. This section does not limit or otherwise affect section 79 or 80 . In this section— information includes a document. s 31 amd 2010 No. 53 s 3 sch 1 (sec.31-ssec.1) This section applies if the relevant entity has given the energy and water ombudsman information for a preliminary inquiry about, or an investigation into, a dispute referral. (sec.31-ssec.2) The entity may tell the energy and water ombudsman that it believes the information is confidential or that disclosing the information might be to the detriment of its commercial interests. (sec.31-ssec.3) The energy and water ombudsman must, acting reasonably, decide whether the ombudsman considers the belief is justified. (sec.31-ssec.4) If the decision is that the belief is justified, the energy and water ombudsman must not use or disclose the information other than by divulging or communicating it as mentioned in section 79 (3) . (sec.31-ssec.5) If the decision is that the belief is not justified, the ombudsman may use or disclose the information only— as mentioned in section 79 (3) ; or for disclosure—if the disclosure is to the other party. (sec.31-ssec.6) However, before disclosing the information to anyone other than an energy and water ombudsman officer, the energy and water ombudsman must give the entity reasonable written notice of the proposed disclosure. (sec.31-ssec.7) The energy and water ombudsman can not use or disclose the information other than as permitted under this section. (sec.31-ssec.8) This section does not limit or otherwise affect section 79 or 80 . (sec.31-ssec.9) In this section— information includes a document.

• (a) as mentioned in section 79 (3) ; or