Section 27BR(3)

But subsection (2)(b) does not require an employer to disclose— any information the disclosure of which by the employer would contravene the data protection legislation (but in determining whether a disclosure would do so, the duty imposed by that subsection is to be taken into account); any information that is commercially sensitive; any information the disclosure of which by the employer would constitute a breach of a duty of confidentiality owed by the employer to any other person.

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Source: legislation.gov.uk · retrieved 2026-09-04