Confidentiality statement 

 

 

If you are thinking of giving evidence to the Human Rights Inquiry but you have something that you want to keep confidential, please read this page which sets out the Equality and Human Rights Commission’s position on confidentiality and disclosure of information.

If you still have concerns after reading this page and want to discuss these in confidence, you can email the inquiry team at HRI@equalityhumanrights.gov.uk.

The Equality Act 2006 (EA) sets out specific rules relating to information received by the Equality and Human Rights Commission when carrying out an inquiry under section 16 of the EA:

  • section 6 of the EA says that information acquired by the Equality and Human Rights Commission in the course of an inquiry must not be disclosed by the Equality and Human Rights Commission except where any of the following apply:
    • with the consent of each person to whom the information relates
    • in the report of the inquiry
    • for the purposes of carrying out the Equality and Human Rights Commission's functions in relation to its enforcement powers 
    • in pursuance of an order of a court or tribunal
    • if the information is anonymised so that no one to whom the information relates can be identified
    • for the purposes of civil or criminal proceedings to which the Equality and Human Rights Commission is party
    • if the information was acquired by the Equality and Human Rights Commission more than 70 years before the date of disclosure.
  • section 16 of the EA sets out the rules which apply when the Equality and Human Rights Commission wants to record in its report of an inquiry evidence or findings of an adverse nature about the activities of a specified or identifiable person. These rules include giving that person the right to make written representations on the draft report.

We will not disclose information received from you or your organisation during the inquiry unless it falls within the limited circumstances set out in section 6 (3) of the EA.  However, we may include it in the report of the inquiry and this may be in a way which means that you or your organisation will be identifiable. If you do not wish us to include information about you or your organisation in the report of the inquiry then please contact us to discuss this. We will be sensitive to any concerns you have about disclosure and we hope that you will feel confident in reporting any issues to us, including sensitive human rights issues you might have experienced or know about.