(1) This section applies to a person who has given or who will give evidence, information or documents to the Commission as part of an investigation, whether or not the person is compelled to do so under section 36 or 37.
(2) The Commission may give directions prohibiting the disclosure of the identity of the person, or prohibiting the disclosure of information that would be reasonably likely to identify the person, if the Commission considers that preservation of the person's anonymity is necessary—
(a) to protect the person's security of employment, privacy or any right protected by the Charter of Human Rights and Responsibilities Act 2006 ; or
(b) to protect the person from victimisation.