Mother and Baby Institutions Payment Scheme Act 2023
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Prohibition on disclosure of information | ||
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47. (1) In this section, “confidential information” means information that refers to a relevant person or that could reasonably lead to the identification of an applicant or a person to whom section 39 (3) applies. | ||
(2) Except in the circumstances specified in subsection (3), a person shall not disclose confidential information obtained by him or her while performing, or as a result of having performed, functions as— | ||
(a) the Chief Deciding Officer or any of the staff of the Office of the Chief Deciding Officer, | ||
(b) a person engaged by the Chief Deciding Officer to provide consultancy, advice or other services to the Chief Deciding Officer, | ||
(c) a person with whom the Minister enters into an agreement under section 11 , | ||
(d) an employee of a person referred to in paragraph (b) or (c), or | ||
(e) an appeals officer or any of the staff of an appeals officer. | ||
(3) A person does not contravene subsection (2) by disclosing confidential information if the disclosure— | ||
(a) is made to or authorised by the Chief Deciding Officer, | ||
(b) is made to the Garda Síochána where the person is acting in good faith and reasonably believes that such disclosure is necessary in order to prevent an act or omission constituting a serious offence, | ||
(c) is in compliance with this Act, or | ||
(d) is required by law or an enactment other than this Act. | ||
(4) Nothing in subsection (2) shall prevent the disclosure of confidential information relating to an applicant to the applicant or, where applicable, the person to whom, in relation to the application concerned, section 39 (3) applies. | ||
(5) A person who contravenes subsection (2) shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months, or to both. |