Transport (Railway Infrastructure) Act, 2001

Prohibition on unauthorised disclosure of confidential information.

30.—(1) Save as otherwise provided by law and subsection (4), a person shall not, without the consent of the Agency, disclose any confidential information obtained by him or her while performing (or as a result of having performed) duties as—

(a) a member of the Agency,

(b) a member of the staff of the Agency (including the chief executive),

(c) an adviser or consultant to the Agency or an employee of such person whilst performing duties relating to such advice or consultation,

or obtained while in performance of a service contract.

(2) In this section “confidential information” includes—

(a) information that is expressed by the Agency or the Minister to be confidential either as regards particular information or as regards information of a particular class or description,

(b) commercial information in relation to contractors, consultants, providers of finance, or any other person,

(c) proposals of a commercial nature or tenders submitted to the Agency by contractors, consultants, or any other person.

(3) A person who contravenes subsection (1) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €2,000 (£1,575.13) or to imprisonment for a term not exceeding 3 months or to both.

(4) Nothing in subsection (1) shall prevent the disclosure of information in a report made to the Agency or by or on behalf of the Agency to the Minister.

(5) The Third Schedule to the Freedom of Information Act, 1997 , is amended by the insertion in Part I at the end thereof:

(a) in column (2) of “Transport (Railway Infrastructure) Act, 2001”, and

(b) in column (3) of “ Section 30 ”.