Supporting People who Speak Out

Zambia – Standards – Followup – Confidentiality

Zambia – Standards – Followup – Confidentiality

44. An investigating authority, an officer of an investigating authority or public officer to whom a protected disclosure is made or referred shall not disclose information that might identify or tend to identify a person who has made any protected disclosure unless

(a) the person consents in writing to the disclosure of that information;

(b) it is essential, having regard to the principles of natural justice, that the identifying information be disclosed to a person whom the information provided by the disclosure may concern; or

(c) the investigating authority, public authority or public officer is of the opinion that disclosure of the identifying information is necessary to investigate the matter effectively or it is otherwise in the public interest to do so.

54. (1) A public officer shall not, without reasonable excuse, make a record of, or wilfully disclose to another person, confidential information gained through the public officer’s involvement in the administration of this Act.

(2) Any person who contravenes subsection (1) commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not

exceeding two years, or to both.

(3) Subsection (1) shall not apply to a public officer who makes a record of, or discloses, confidential information-

(a) to another person for the purposes of this Act; to another person, if expressly authorised under any other law; or

(b) for the purposes of a proceeding in a court or tribunal.

(4) In this section, “confidential information” means –

(a) information about the identity, occupation or whereabouts of a person who has made a public interest disclosure or against whom a public interest disclosure has been made;

(b) information contained in a public interest disclosure;

(c) information concerning an individual’s personal affairs; or

(d) information that, if disclosed, may cause detriment to a person.

Referenced Legislation: Public Interest Disclosures Act (2010)

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