Policing, Security and Community Safety Act 2024
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Confidentiality of certain information (Part 4) | ||
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153. (1) Without prejudice to section 152 , a person who— | ||
(a) is or was— | ||
(i) a member of the Authority, | ||
(ii) a member of a committee of the Authority, | ||
(iii) the chief executive of the Authority, | ||
(iv) a member of the staff of the Authority, | ||
(v) under contract with or engaged by the Authority pursuant to section 132 (1), or | ||
(vi) an employee or contractor of a person to whom subparagraph (v) applies, | ||
or | ||
(b) was— | ||
(i) a member of the Policing Authority, | ||
(ii) a member of a committee of the Policing Authority, | ||
(iii) the Chief Executive of the Policing Authority, | ||
(iv) a member of the staff of the Policing Authority, | ||
(v) engaged under contract or other arrangement by the Policing Authority, or | ||
(vi) an employee or contractor of a person referred to in subparagraph (v), | ||
shall not 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 in the course of carrying out the duties of that person’s office, employment, contract or other arrangement of engagement with the Authority, whether obtained before or after the repeal of the Act of 2005 by section 5 , where that disclosure is likely to have a harmful effect and the person knows or believes that the disclosure is likely to have such an effect. | ||
(2) For the purpose of this section, the disclosure of information referred to in subsection (1) is likely to have a harmful effect where it is likely to— | ||
(a) facilitate the commission of an offence, | ||
(b) prejudice the safekeeping of a person in legal custody, | ||
(c) impede the prevention, detection or investigation of an offence, | ||
(d) impede the apprehension or prosecution of a suspected offender, | ||
(e) prejudice the security of any system of communication of An Garda Síochána, | ||
(f) result in the identification of a person— | ||
(i) who is a witness in a criminal proceeding or who has given information in confidence to a member of garda personnel, and | ||
(ii) whose identity is not at the time of the disclosure a matter of public knowledge, | ||
(g) result in the publication of information that— | ||
(i) relates to a person who is a witness to, or a victim of, an offence, and | ||
(ii) is of such a nature that its publication would be likely to discourage the person to whom the information relates or any other person from giving evidence or reporting an offence, | ||
or | ||
(h) result in the publication of personal information (within the meaning of the Freedom of Information Act 2014 ) relating to a person that constitutes an unwarranted and serious infringement of that person’s right to privacy. | ||
(3) For the purpose of this section, a person is presumed, unless the contrary is proved, to know that disclosure of information referred to in subsection (1) is likely to have a harmful effect if a reasonable person would, in all the circumstances, be aware that its disclosure could have that effect. | ||
(4) In any proceedings for an offence under this section, it shall be a defence to show that the disclosure was— | ||
(a) made to— | ||
(i) the Minister, | ||
(ii) the Attorney General, | ||
(iii) the Director of Public Prosecutions, | ||
(iv) the Chief State Solicitor, | ||
(v) the Criminal Assets Bureau, | ||
(vi) the Comptroller and Auditor General or the staff of the Office of the Comptroller and Auditor General, | ||
(vii) the Police Ombudsman, the Deputy Police Ombudsman or an officer of the Police Ombudsman, | ||
(viii) the Garda Commissioner, | ||
(ix) the Revenue Commissioners, | ||
(x) the State Claims Agency, | ||
(xi) the Child and Family Agency, | ||
(xii) a member of either of the Houses of the Oireachtas where relevant to the proper discharge of the member’s functions, | ||
(xiii) a court, or | ||
(xiv) a tribunal appointed under the Tribunals of Inquiry (Evidence) Acts 1921 to 2011, a commission of investigation established under the Commissions of Investigation Act 2004 or a committee (within the meaning of section 2 of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 ) for the purposes of a Part 2 inquiry (within the meaning of that section) under that Act, | ||
(b) made in the course of, and in accordance with, the duties of that person’s office or employment or his or her duties under a contract or other arrangement to work with or for the Authority, or | ||
(c) reasonably believed by the person who made the disclosure to be required or permitted by law, duly authorised by the Authority in furtherance of its function or made in accordance with paragraph (a) or (b). | ||
(5) 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. | ||
(6) 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. | ||
(7) In any proceedings for an offence under this section, it shall not be necessary to prove that the disclosure had a harmful effect. | ||
(8) The provisions of this section are in addition to, and not in substitution for, the provisions of the Act of 1963. |