214Disclosure of protected information authorised if detriment does not outweigh public benefit

214 Disclosure of protected information authorised if detriment does not outweigh public benefit

214 Disclosure of protected information authorised if detriment does not outweigh public benefit

(1) Despite sections 211, 212 and 213 but subject to this section, the AER is authorised to disclose information given to it in confidence after the restricted period if the AER is of the opinion—

(a) that the disclosure of the information would not cause detriment to the person who has given it or to the person from whom that person received it; or

(b) that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.

(2) Before disclosing the information, the AER must give the person who gave the information—

(a) a notice (an initial disclosure notice) stating—

(i) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and

(ii) that the AER is of the opinion required by subsection (1); and

(iii) that the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and

(b) the AER’s decision, in writing, setting out the reasons why the AER—

(i) wishes to make the disclosure; and

(ii) is of the opinion required by subsection (1).

(3) If the AER is aware that the person who gave the information in turn received the information from another person and is aware of that other person’s identity and address, the AER must, before disclosing the information give that other person—

(a) a notice (an initial disclosure notice) stating—

(i) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and

(ii) that the AER is of the opinion required by subsection (1); and

(iii) that the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and

(b) the AER’s decision, in writing, setting out the reasons why the AER—