Data Protection Act 2018

Prohibition on disclosure of confidential information

26. (1) A relevant person shall not disclose confidential information obtained by him or her while performing functions under this Act or the Data Protection Regulation unless he or she is required or permitted by law, or duly authorised by the Commission, to do so.

(2) Subsection (1) shall not operate to prevent the disclosure by a relevant person of information—

(a) in a report to the Commission or a Commissioner,

(b) to a Minister of the Government, and

(c) to a public authority, whether in the State or otherwise, for the purposes of facilitating cooperation between the Commission and such authority in the performance of their respective functions.

(3) Subject to section 154 , a person who contravenes subsection (1) commits an offence and is liable on summary conviction to a class A fine.

(4) In this section—

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

“relevant person” means—

(a) a Commissioner,

(b) a member of staff of the Commission,

(c) an authorised officer,

(d) any other person engaged under a contract for services by the Commission or a member of the staff of such a person, or

(e) a person who has acted in a capacity referred to in any of paragraphs (a) to (d).