Digital Hub Development Agency Act 2003

Prohibition on unauthorised disclosure of confidential information.

27

27. —(1) Save as otherwise provided by law, a person shall not, without the consent of the Agency, disclose confidential information obtained by him or her while performing, or as a result of having performed, duties as—

(a) the chairperson of the Agency,

(b) the chief executive,

(c) an ordinary member of the Agency,

(d) a member of a committee,

(e) a member of the staff of the Agency, or

(f) a consultant or adviser or an employee of such person engaged by the Agency under section 35 ,

unless he or she is duly authorised to do so.

(2) A person who contravenes subsection (1) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000.

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

(a) to the Agency, or

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

(4) In this section “confidential information” includes—

(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,

(b) commercial information in relation to contractors, consultants, providers of finance, or any other person, and

(c) proposals of a commercial nature or tenders submitted to the Agency by contractors, consultants, or any other person.

(5) The Third Schedule to the Freedom of Information Act 1997 is amended by the insertion in Part 1 at the end thereof:

(a) in column (2) of “ Digital Hub Development Agency Act 2003 ”, and

(b) in column (3) of “ section 27 ”.

Annotations:

Modifications (not altering text):

C10

Person holding record under section excluded from requirement to refuse an FOI request (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 41(1)(a) and sch. 3 part 1, commenced on enactment.

Enactments relating to non-disclosure of records.

41.— (1) A head shall refuse to grant an FOI request if—

(a) the disclosure of the record concerned is prohibited by law of the European Union or any enactment (other than a provision specified in column (3) of Part 1 or 2 of Schedule 3 of an enactment specified in that Schedule), or

...

SCHEDULE 3

Enactments Excluded from Application of Section 41

Section 35 and 41

Part 1

Statutes

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 23 of 2003

Digital Hub Development Agency Act 2003

Section 27

...

...

...