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Chapter 10
Information
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Prohibited disclosures
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51. (1) A person shall not disclose confidential information obtained in the capacity of or in the course of acting as—
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(a) a member of the regulator,
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(b) the chief executive,
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(c) another member of staff of the regulator,
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(d) a member of a committee of the regulator,
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(e) a person engaged by the regulator (as consultant, adviser or otherwise),
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(f) a person working for a person who falls within paragraph (e), or
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(g) an authorised officer.
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(2) Subsection (1) does not apply to a disclosure authorised by—
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(a) the regulator, or
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(b) a member of staff of the regulator authorised for the purposes of this subsection.
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(3) Subsection (1) does not apply to a disclosure required by law.
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(4) Subsection (1) does not apply to a communication made by a person listed in subsection (1) necessarily or reasonably made in connection with the performance of a function under this Act.
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(5) Subsection (1) does not apply to a disclosure made to any member of the Garda Síochána—
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(a) by a person listed in subsection (1)(a) to (d) or (g), and
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(b) of information that, in the person’s opinion, may relate to the commission of an offence (under this Act or otherwise).
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(6) Subsection (1) does not apply to a disclosure by means of a report or other communication or publication made for the purposes of this Act to or by the regulator or to or by a committee of the regulator.
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(7) A person who contravenes subsection (1) commits an offence.
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(8) A person who suffers loss or harm as a result of a contravention of subsection (1) may bring proceedings in any court of competent jurisdiction for relief by way of injunction or declaration, damages or both.
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(9) Proceedings under subsection (8)—
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(a) are to be treated as an action founded on tort, and
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(b) are to be taken against—
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(i) the person who made the prohibited disclosure, if not a person listed in subsection (1)(a) to (d) or (g) or if the action is for an injunction or a declaration, and
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(ii) in any other case, the regulator.
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(10) In this section, “confidential information” includes—
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(a) any information that would appear to a reasonable person to be of a confidential nature, and
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(b) any information designated as confidential (generally or specially) by the regulator or a committee of the regulator.
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