Research and Innovation Act 2024
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Chapter 7 Unauthorised disclosure of confidential information | ||
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Prohibition on unauthorised disclosure of confidential information | ||
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34. (1) Except in the circumstances specified in subsection (2), a person shall not disclose confidential information obtained by him or her while performing functions— | ||
(a) as a member of the Board or a committee, | ||
(b) as a member of the staff of the Agency, | ||
(c) as an adviser or consultant to the Agency or a member of the staff of such an adviser or consultant. | ||
(2) Subsection (1) shall not operate to prohibit the disclosure of confidential information by a person referred to in that subsection where— | ||
(a) the Board authorises the disclosure, | ||
(b) the disclosure is made to the Board, the Chief Executive Officer or a member of the staff of the Agency, | ||
(c) the disclosure is made in the performance of the functions of the Agency, | ||
(d) the disclosure is made by or on behalf of the Agency to the Minister, | ||
(e) the disclosure is made in compliance with a requirement of this Act or is otherwise required by law, | ||
(f) the disclosure is made by a person in the circumstances referred to in section 35 (2) of the Ethics in Public Office Act 1995 , | ||
(g) the disclosure is a protected disclosure within the meaning of the Protected Disclosures Act 2014 , or | ||
(h) the disclosure 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). | ||
(3) A person who contravenes subsection (1) shall be guilty of an offence under this section and shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both. | ||
(4) Summary proceedings for an offence under this Act may be brought and prosecuted by the Agency, including where such an offence is committed by a member of the Board. | ||
(5) In this section “confidential information” shall include— | ||
(a) information that is expressed by the Agency 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 or tenders submitted to the Agency by contractors, consultants or any other person. |