Home Building Finance Ireland Act 2018
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Disclosure of confidential information | ||
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22. (1) Except in the circumstances specified in subsection (3) a person shall not disclose confidential information obtained by him or her while performing functions as— | ||
(a) a member of the board of HBFI or a HBFI group entity, | ||
(b) an officer of HBFI, | ||
(c) an officer of a HBFI group entity, | ||
(d) an adviser, consultant or other person providing services to HBFI or a HBFI group entity, or | ||
(e) a member of staff of an adviser, consultant or other person providing services to HBFI or a HBFI group entity. | ||
(2) A person who contravenes subsection (1) commits an offence and shall be liable— | ||
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both, or | ||
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 2 years or both. | ||
(3) A person does not contravene subsection (1) by disclosing confidential information where the disclosure— | ||
(a) is made in the performance of functions of HBFI or any HBFI group entity, | ||
(b) is made to or authorised by HBFI or any HBFI group entity, | ||
(c) is made to the Minister, | ||
(d) is made to the NTMA or NAMA, | ||
(e) is made by a person in the circumstances referred to in section 35 (2) of the Ethics in Public Office Act 1995 , | ||
(f) is a protected disclosure (within the meaning of the Protected Disclosures Act 2014 ), | ||
(g) 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 (whether an offence under this Act or not), or | ||
(h) is required by law. | ||
(4) In this section “confidential information” includes— | ||
(a) information that is expressed by HBFI, or any HBFI group entity, to be confidential either as regards particular information or as regards information of a particular class or description, and | ||
(b) proposals of a commercial nature, loan applications or tenders submitted to HBFI, or any HBFI group entity, by contractors, consultants or any other person. |