Domestic, Sexual and Gender-Based Violence Agency Act 2023
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Prohibition on unauthorised disclosure of confidential information | ||
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37. (1) Subject to subsection (2), a person shall not disclose confidential information obtained while performing functions as— | ||
(a) a member of the Board or a committee of the Board, | ||
(b) a person appointed under section 13 (2), | ||
(c) the chief executive, | ||
(d) a member of the staff of the Agency (including a person who is such a member by virtue of section 21 (7)), | ||
(e) a person engaged under section 23 , | ||
(f) an employee of a person referred to in paragraph (b) or (e), or | ||
(g) a person engaged under a contract for services by the Agency or a member of staff of such person. | ||
(2) Subsection (1) shall not operate to prevent 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 the Agency, | ||
(c) the disclosure is made in the performance of the functions of the Agency, | ||
(d) the disclosure is made by or on behalf of the Agency to the Minister, | ||
(e) the disclosure is made in compliance with a requirement of this Act or is otherwise required by law, | ||
(f) the disclosure is made by a person in the circumstances referred to in section 35 (2) of the Ethics in Public Office Act 1995 , | ||
(g) the disclosure is a protected disclosure (within the meaning of the Protected Disclosures Act 2014 ), or | ||
(h) the disclosure is made to a member of An Garda Síochána and, in the opinion of the person making the disclosure, the information may relate to the commission of an offence. | ||
(3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine. |