17. Disclosure of Information
17.1
The Council reserves the general right to disclose information about this Contract, unless otherwise agreed in writing.
17.2
The Contractor shall not disclose the Contract or any provision thereof or any information resulting from, in connection with, or during the course of, the Contract, to any person unless it is strictly necessary for the performance of the Contract and authorised in writing by the Council. The Contractor shall comply with any instructions regarding changes to authorisations and other instructions regarding disclosure or non-disclosure. This Condition does not apply in relation to information (a) which is in or enters the public domain otherwise than by a breach of an obligation of confidentiality (b) which is or becomes known from other sources without breach of any restriction on disclosure or (c) which is required to be disclosed by law or any professional or regulatory obligation.
17.3
Subject to Condition 17.2, the Contractor shall ensure that information about the Contract, or arising from or connected with the Contract: -
17.3.1 is divulged only to the minimum number of persons,
17.3.2 is divulged only to the extent essential to each person's action in carrying out (or in connection with) the Contract and that such persons do not further divulge such information,
17.3.3 is properly safeguarded.
17.4
Subject to the retention of proper professional records, the Contractor shall, on written request from the Council, return all documents containing any part of the Deliverables carried out by the Contractor, including but not limited to, documents stored electronically.
17.5
The Contractor shall ensure that any contract with: -
17.5.1 any employee of his, and
17.5.2 any contractor of his engaged in any way in connection with the Contract,
contains a condition requiring that person to keep all information in relation to the Contract and its performance confidential and shall draw their attention to this Condition and Condition 17.2.
No information regarding the Deliverables being provided under the Contract or facilities to photograph or film shall be given or permitted by the Contractor except with prior written permission of the Council, to whom any press or other enquiry or any such matter should be referred. This Condition does not apply in relation to information (a) which is in or enters the public domain otherwise than by a breach of an obligation of confidentiality (b) which is or becomes known from other sources without breach of any restriction on disclosure or (c) which is required to be disclosed by law or any professional or regulatory obligation.
17.7
The Contractor shall not, in connection with the Contract, communicate with representatives of the general or technical press, radio, television or other communications media unless specifically granted permission to do so in writing by the Council.
17.8
Except with the consent in writing of the Council the Contractor shall not make use of the Contract or any information issued or furnished by or on behalf of the Council otherwise than for the purpose of the Contract.
17.9
Transparency Information is not Confidential Information and may be disclosed by the Council in accordance with its obligations under the Procurement Act 2023 any regulations published under it, and any Government Procurement Policy guidance.
17.10
The decision of the Council regarding anything in this Condition 17 shall be final and conclusive.
