The
degree of harm caused by a disclosure will need
to be assessed in the context of the exemption(s)
concerned - i.e., by referring to the guidance on
interpretation of the specific exemption(s). The
likelihood that some harm or prejudice would occur
should not, in itself, be decisive. For instance,
a disclosure which would prejudice our ability to
prosecute in a particular case will not automatically
amount to significant harm: operating Directorates/Divisions
will need carefully to assess whether the harm likely
to be caused (e.g., HSE unable to prosecute and
thus, by example, deter others from committing similar
offences) is outweighed by other factors (such as
reducing the risk of similar health and safety failures
by targeting specific information at duty-holders
or raising awareness through a publicity campaign).
Similarly, there may in certain circumstances be
a public interest justification for disclosing information
originally provided by third parties in confidence
- for instance, to counter an immediate and significant
threat to health and safety or to the environment.
This is unlikely to be the case where disclosure
would seriously affect the future supply of information
that we need in order to carry out our functions
effectively, or where it would render HSE liable
in damages for breach of confidence. Legal and/or
policy advice should be sought in cases of difficulty,
via Directorate/Divisional OG contacts."