Companies (Auditing and Accounting) Act 2003

Confidentiality of information.

31.—(1) No person shall disclose, except in accordance with law, information that—

(a) is obtained in performing the functions or exercising the powers of the Supervisory Authority, and

(b) has not otherwise come to the notice of members of the public.

(2) Without limiting subsection (1), the persons to whom that subsection applies include the following:

(a) a member or director or former member or director of the Supervisory Authority;

(b) an employee or former employee of the Supervisory Authority;

(c) a professional or other adviser to the Supervisory Authority, including a former adviser.

(3) Subsection (1) does not prohibit the Supervisory Authority from disclosing information referred to in that subsection—

(a) if the disclosure is, in its opinion, necessary to enable it to state the grounds on which it made a decision under section 23 , 24 or 26 , or

(b) if the information is, in its opinion, connected with the functions of, and if the disclosure is made to, any of the following:

(i)  the Minister;

(ii)  the Minister for Finance;

(iii) the Garda Síochána;

(iv) the Director of Public Prosecutions;

(v) the Director of Corporate Enforcement;

(vi) the Revenue Commissioners;

(vii) the Comptroller and Auditor General;

(viii) the Central Bank and Financial Services Authority of Ireland;

(ix) the Irish Takeover Panel;

(x) the Irish Stock Exchange;

(xi) the Pensions Board;

(xii) a prescribed accountancy body;

(xiii) a member of a recognised accountancy body who is qualified for appointment as an auditor;

(xiv) an inspector appointed under any other enactment;

(xv) any person prescribed under section 48 (1)(i) for the purposes of this section.

(4) A person who contravenes subsection (1) is guilty of an offence.