Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022

Disclosure of confidential information

48. (1) Subject to subsection (2), a relevant person shall not disclose confidential information obtained by him or her while performing functions under this Act.

(2) A relevant person does not contravene subsection (1) by disclosing confidential information if the disclosure—

(a) is made to the Minister by or on behalf of the designated local authority or Housing Agency, in compliance with this Act,

(b) is made to, or authorised by, the designated local authority or Housing Agency,

(c) is made to a member of the Garda Síochána and, in the opinion of the person making the disclosure, the information may relate to the commission of an offence, or

(d) is otherwise required by law.

(3) Where a relevant body is satisfied that a relevant person has contravened subsection (1), it shall decide the appropriate action (including removal from office or termination of contract) to be taken by it in relation to the relevant person.

(4) In this section—

“confidential information” means information that is expressed by the relevant body to be confidential either as regards particular information or as regards information of a particular class or description;

“relevant body” means—

(a) in relation to a member of staff or authorised officer of a designated local authority, or a competent person referred to in section 44 appointed by a designated local authority, the designated local authority,

(b) in relation to a member of staff or authorised officer of the Housing Agency, or a competent person referred to in section 44 appointed by the Housing Agency, the Housing Agency, and

(c) in relation to a member of the Appeals Panel, the Minister;

“relevant person” means—

(a) a member of staff or authorised officer, of a designated local authority, or a competent person referred to in section 44 appointed by the designated local authority,

(b) a member of staff or authorised officer, of the Housing Agency, or a competent person referred to in section 44 appointed by the Housing Agency, and

(c) a member of the Appeals Panel.