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Prohibition on unauthorised disclosure of confidential information.
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18.—(1) Save as otherwise provided by law, a person shall not disclose confidential information obtained by him or her while performing (or as a result of having performed) duties under this Act as—
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(a) a member of the Board,
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(b) Chief Executive Officer,
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(c) a member of the staff of the National Treasury Management Agency, or
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(d) an adviser or consultant to the Agency, the National Treasury Management 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,
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unless he or she is duly authorised by the Agency to do so.
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(2) A person who contravenes subsection (1) is guilty of an offence and is liable—
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(a) on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 6 months or to both, or
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(b) on conviction on indictment to a fine not exceeding €10,000 or to imprisonment for a term not exceeding 2 years or to both.
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(3) Nothing in subsection (1) shall prevent disclosure of information to the Board, the Chief Executive Officer or the Minister.
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(4) In this section “confidential information” includes—
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(a) information that is expressed by the Board or the Minister to be confidential either as regards particular information or as regards information of a particular class or description,
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(b) commercial information in relation to contractors, consultants, providers of finance or any other person, and
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(c) proposals of a commercial nature or tenders submitted to the Agency by contractors, consultants or any other person.
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