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Prohibition of unauthorised disclosure of confidential information
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22. (1) A person shall not, unless authorised by the Board or by a member of staff of the NCH duly authorised in that behalf to do, or as appropriate a board of a subsidiary or a member of staff of that subsidiary duly authorised in that behalf to do, or required by law so to do, disclose confidential information, obtained by him or her in his or her capacity, or while performing duties, as any of the following:
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(a) a member of the Board or a committee;
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(b) a member of a board of a subsidiary;
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(c) a member of the staff of the NCH or a subsidiary;
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(d) a consultant or adviser engaged by the NCH or a subsidiary, or an employee of such a consultant or adviser; or
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(e) a person engaged by the NCH or a subsidiary in any other capacity.
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(2) Where the Minister is satisfied that a member of the Board or a committee or a member of a board of a subsidiary has disclosed confidential information without authorisation, he or she may remove that member from office and if a person is so removed, he or she shall then be disqualified from being a member of the Board of the NCH or a committee or a member of a board of a subsidiary.
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(3) Where any other person mentioned in subsection (1) discloses confidential information without authorisation, the Board or the board of the subsidiary shall decide the appropriate action to be taken including the termination of the contract of service or a contract for services with the person.
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(4) Nothing in this section shall prevent the disclosure of information to the Board or, as appropriate, the board of a subsidiary of it or by or on behalf of the Board to the Minister.
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(5) In this section, confidential information includes:
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(a) information that is expressed by the Board, or the board of a subsidiary of it, to be confidential either as regards particular information or as regards information of a particular class or description; and
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(b) information relating to proposals of a commercial nature or to tenders submitted to the Board or a subsidiary by a contractor, a consultant or any other person.
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