Obligation to keep information confidential

11 (1) Every person acting under the authority of this Act must keep confidential all facts, information and records obtained or provided under this Act, or under a former enactment, except so far as the person's public duty requires or this Act permits the person to disclose them or to report or take official action on them.

(2) Subject to subsections (3) and (4), the facts, information and records referred to in subsection (1) must be released to the Ombudsperson at the request of the Ombudsperson.

(3) All facts, information and records that are obtained

(a) from a law enforcement agency, or

(b) pursuant to an investigation under this Act,

must only be released to the Ombudsperson if the Ombudsperson first produces the written consent of

(c) the law enforcement agency, or

(d) the person from whom the facts, information or records were obtained pursuant to the investigation,

to release the facts, information or records.

(4) All facts, information and records that could lead to the identification of an informant under this Act must only be released to the Ombudsperson if the person to whom the Ombudsperson makes the request first obtains the written consent of the informant to release the facts, information or records.