Policing, Security and Community Safety Act 2024
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Chapter 5 Unauthorised disclosure of information | ||
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Confidentiality of information connected with inspection | ||
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152. (1) A person who is or was— | ||
(a) a member of the Authority, | ||
(b) a member of a committee of the Authority, | ||
(c) the chief executive of the Authority, | ||
(d) a member of the staff of the Authority, | ||
(e) under contract with or engaged by the Authority pursuant to section 132 (1), or | ||
(f) an employee or contractor of a person to whom paragraph (e) applies, | ||
shall not intentionally or recklessly disclose, in or outside the State, unless he or she is required or permitted by law or duly authorised by the Authority in furtherance of its functions, any information obtained by the person in the course of carrying out the duties of his or her office, employment, contract or other arrangement of engagement with the Authority and which has not otherwise come to the notice of members of the public. | ||
(2) A person who contravenes subsection (1) is guilty of an offence and is liable— | ||
(a) on summary conviction, to a class C fine or imprisonment for a term not exceeding 12 months, or both, or | ||
(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years, or both. | ||
(3) In any proceedings for an offence under this section, it shall be a defence to show that the disclosure was reasonably believed by the person who made the disclosure to be required or permitted by law or duly authorised by the Authority in furtherance of its functions. | ||
(4) A person who contravenes subsection (1) and who receives any gift, consideration or advantage as an inducement to disclose the information to which the contravention relates or as a reward for, or otherwise on account of, the disclosure of that information, is guilty of an offence and is liable— | ||
(a) on summary conviction, to a class B fine or imprisonment for a term not exceeding 12 months, or both, or | ||
(b) on conviction on indictment, to a fine not exceeding €75,000 or imprisonment for a term not exceeding 7 years, or both. | ||
(5) The provisions of this section are in addition to, and not in substitution for, the relevant provisions of the Act of 1963. |