Investment Intermediaries Act, 1995

Consent to publication of information.

78.—(1) No information, book or document relating to a person which has been obtained under section 75 of this Act shall, without the previous consent in writing of that person, be published or disclosed, except to an appropriate authority, unless the publication or disclosure is required for all or any of the following, namely—

(a) with a view to the institution of, or otherwise for the purposes of, any criminal proceedings pursuant to, or arising out of, any enactments under which the relevant supervisory authority exercises statutory functions or any criminal proceedings for an offence entailing misconduct in connection with the management of the affairs of a person or misapplication or wrongful retainer of its property,

(b) for the purpose of complying with any requirement, or exercising any power, imposed or conferred by this Act with respect to reports made by inspectors appointed thereunder by the Court or the supervisory authority,

(c) with a view to the institution by the supervisory authority of proceedings for the winding-up, dissolution or bankruptcy under this Act of the person or otherwise for the purposes of proceedings instituted by the supervisory authority for that purpose,

(d) for the purposes of proceedings under section 75 of this Act.

(2) A person who publishes or discloses any information, book or document in contravention of this section shall be guilty of an offence.

(3) For the purposes of this section “appropriate authority” includes any or all of the following, namely—

(a) a supervisory authority,

(b) a person authorised by the Governor of the Bank or the Minister for Enterprise and Employment,

(c) a committee appointed under section 74 of this Act,

(d) an inspector appointed under this Act,

(e) the Minister,

(f) any court of competent jurisdiction,

(g) the Bank or the Minister for Enterprise and Employment or any other competent authority for the purposes of Council Directives 93/22/EEC of 10 May 1993(1) ) and 93/6/EEC of 15 March 1993(1)) or 77/780/EEC of 12 December 1977(2) ) as amended by Council Directive 89/646/EEC of 15 December 1989(3) .

(1) O.J. No. L.141 11/6/93.

(2) O.J. No. L.322 17/12/77.

(3) O.J. No. L.386 30/12/89.