Consumer Protection Act 2007

Prohibition on unauthorised disclosure of information.

32.— (1) A person shall not, unless authorised by the Agency or by a member of the staff of the Agency duly authorised in that behalf so to do, or required by law, disclose confidential information obtained by him or her in his or her capacity, or while performing duties as—

(a) a member of the Agency or of a committee,

(b) the chief executive,

(c) a member of the staff of the Agency,

(d) a consultant or adviser engaged by the Agency or an employee of such a consultant or adviser,

(e) an authorised officer, or

(f) a person engaged by the Agency in any other capacity.

(2) Subsection (1) shall not apply to—

(a) a communication made by a member of the Agency or of a committee, the chief executive, a member of staff of the Agency or an authorised officer, in the performance of any of his or her functions under this Act, being a communication the making of which was necessary for the performance by the member, chief executive, member of staff of the Agency or authorised officer of any such function, or

(b) the disclosure by a member of the Agency or of a committee, the chief executive, a member of staff of the Agency or an authorised officer to any member of the Garda Síochána of information which, in the opinion of the member or chief executive or member of staff of the Agency or authorised officer, may relate to the commission of an offence (whether an offence under this Act or not).

(3) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to the fines and penalties provided in Chapter 4 of Part 5 .

(4) Nothing in subsection (1) shall prevent the disclosure of information by means of a report made—

(a) to the Agency or a committee, as the case may be, or

(b) by or on behalf of the Agency or a committee to the Minister.

(5) A person who suffers loss or harm as a result of a contravention of subsection (1) shall be entitled to bring proceedings against the person referred to in subsection (6) in any court of competent jurisdiction seeking one, or more than one as appropriate, of the following reliefs in respect of that loss or harm:

(a) relief by way of injunction or declaration;

(b) damages.

(6) The person mentioned in subsection (5) is—

(a) if the person who contravened subsection (1) is other than a member of the Agency or a member of staff of the Agency or an authorised officer, that person,

(b) if the person who contravened subsection (1) is a member of the Agency or a member of staff of the Agency or an authorised officer and the relief sought, or to the extent that the relief sought, in the proceedings is—

(i) relief referred to in subsection (5)(a), that person,

(ii) relief referred to in subsection (5)(b), the Agency.

(7) An action under subsection (5) shall be regarded as an action founded on tort.

(8) In this section “ confidential information” includes information that is expressed by the Agency or a committee, as the case may be, to be confidential either as regards particular information or as regards information of a particular class or description.