Tailte Éireann Act 2022

Confidential Information

24. (1) Except in the circumstances specified in subsection (2), a person shall not disclose confidential information obtained by him or her while performing functions—

(a) as a member of the Board or a committee of the Board,

(b) as an empowered person,

(c) as an adviser or consultant to Tailte Éireann or the Board or as the staff of such adviser or consultant.

(2) Subsection (1) shall not operate to prohibit the disclosure of confidential information by a person referred to in that subsection where—

(a) the Board authorises the disclosure,

(b) the disclosure is made to the Board, the chief executive or a member of the staff of Tailte Éireann,

(c) the disclosure is made in the performance of functions of Tailte Éireann,

(d) the disclosure is made by or on behalf of Tailte Éireann to the Minister,

(e) the disclosure is made to the Valuation Tribunal for the purpose of the performance by it of its functions under the Act of 2001,

(f) the disclosure is made in compliance with a requirement of this Act or is otherwise required by law,

(g) the disclosure is made by a person in the circumstances referred to in section 35 (2) of the Ethics in Public Office Act 1995 ,

(h) where the disclosure is a protected disclosure (within the meaning of the Protected Disclosures Act 2014 ), or

(i) the disclosure is made to a member of the Garda Síochána and, in the opinion of the person making the disclosure, the information may relate to the commission of an offence (whether an offence under this Act or not).

(3) In this section, “confidential information” means information that is expressed to be confidential either as regards particular information or as regards information of a particular class or description, and includes information that, immediately before their repeal, is confidential information under—

(a) section 23 of the OSI Act 2001,

(b) section 68 of the Act of 2001, or

(c) section 15 of the Act of 2006.

(4) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a class A fine.