Policing, Security and Community Safety Act 2024
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Chapter 5 Information | ||
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Confidentiality of sensitive information (Part 7) | ||
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250. (1) A person who is or was— | ||
(a) the Independent Examiner, | ||
(b) a member of staff of the office, | ||
(c) engaged by or under contract with the Independent Examiner pursuant to section 241 , or | ||
(d) an employee or a contractor of a person to whom paragraph (c) 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 Independent Examiner in furtherance of his or her functions, any sensitive information obtained in the course of carrying out duties of that person’s office, employment, contract or other arrangement of engagement. | ||
(2) A person who contravenes subsection (1) 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 €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 Independent Examiner in furtherance of his or her 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 disclosure 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 provisions of the Act of 1963. |