Automatic Enrolment Retirement Savings System Act 2024

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Prohibition on unauthorised disclosure of confidential information

24. (1) Subject to subsection (2), a person shall not disclose confidential information obtained by him or her while performing functions as—

(a) a member of the Board, a member of a committee of the Board or a member of the staff of the Authority,

(b) a consultant or adviser or other person providing services to the Authority or as a member of the staff of such adviser or consultant or other person,

(c) a member, a member of a committee or a member of the staff of the Pensions Authority, or

(d) a consultant or adviser or other person providing services to the Pensions Authority.

(2) A person does not contravene subsection (1) by disclosing confidential information if the disclosure—

(a) is made in the performance of functions of the Authority,

(b) is made in the performance of functions of the Pensions Authority,

(c) is made to or authorised by the Authority, the Board, or the chief executive,

(d) is made by a person in the circumstances referred to in section 35 (2) of the Ethics in Public Office Act 1995 ,

(e) is a protected disclosure within the meaning of the Protected Disclosures Act 2014 ,

(f) is required or permitted by law, or

(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).

(3) A person who contravenes subsection (1) shall be guilty of an offence.

(4) In this section, “confidential information” means—

(a) information of a commercially sensitive nature submitted to the Authority by contractors, consultants or any other person for the purposes of the performance of the Authority’s functions, or

(b) other information that is expressed by the Authority to be confidential either as regards particular information or as regards information of a particular class or description.