Comments of Terms of Reference and Code of Practice

Personal liability of IAC members

Given the open, collaborative and voluntary nature of OPIMEC, legal proceedings by a third party against individual IAC members are not expected.

Individual IAC members who have acted honestly, reasonably, in good faith and without negligence will not have to meet out of their own personal resources any personal civil liability which is incurred in execution or purported execution of their functions. IAC members who need further advice should consult the Executive Committee, which would consult with the relevant officers at the Andalusian Ministry of Health whenever appropriate.

An IAC member may be personally liable if he or she makes a fraudulent or negligent statement which results in a loss to a third party; or may commit a breach of confidence under common law or criminal offence under insider dealing legislation, if he or she misuses information gained through their position.

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