2) The procedures for the custody and classification of information regarded as confidential
or declassification of records;
3) Any matter which is required for the implementation of the provisions of part three of this
proclamation.
38. Record Maintenance
1/ The Ombudsman shall, after appropriate consultation with interested parties, issue and
from time to time update a Code of Practice relating to the custody , management and
disposal of records.
2/Every public body is under an obligation to maintain its records in accordance with the
Code of Practice stipulated in sub- article (1).
3/ Every public body shall ensure that adequate procedures are in place for the correction of
personal information.
39. Miscellaneous
1/ No person is criminally or civilly liable for for anything done in good faith in the exercise or
performance of any power or duty under this part. of the proclamation .
2/ No one may be subject to any legal, administrative or employment-related sanction,
regardless of any breach of a legal or employment obligation, for releasing information on
wrongdoing, or which would disclose a serious threat to health, safety or the environment,
as long as he acted in good faith and in the reasonable belief that the information was
substantially true and disclosed evidence of wrongdoing or a serious threat to health, safety
or the environment.
3/ For purposes of sub-article (2), wrongdoing means the commission of a criminal offence,
failure to comply with a legal obligation, a miscarriage of justice, corruption or dishonesty,
abuse of power or serious misconduct, whether linked to individual wrongdoing or not.
4/ Any person who with intent to deny a right of access to information in terms of this
section ;
a) destroys, damages or alters a record;
b) conceals a record;
c) falsifies a record or makes a false record; commits an offence and is liable on conviction
to a fine or to imprisonment for a period not exceeding two years.