Dublin Transport Authority Act 2008

38.

Prohibition on unauthorised disclosure of confidential information.

38.— (1) Save as otherwise provided by law, a person shall not, without the consent of the Authority or a subsidiary, disclose confidential information obtained by him or her while performing duties as a member of the Authority or a director of a subsidiary, or as a member of the staff of, or when otherwise engaged by, the Authority or subsidiary, unless he or she is duly authorised by the Authority or subsidiary to do so.

(2) In this section “confidential information” includes information that is expressed by the Authority or subsidiary to be confidential either as regards particular information or as regards information of a particular class or description.

(3) A person who contravenes subsection (1) commits an offence.

(4) Nothing in subsection (1) shall prevent the disclosure of information in a report made to the Authority or subsidiary or by or on behalf of the Authority or subsidiary to the Minister.

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

( a) in column (2), “ Dublin Transport Authority Act 2008”, and

( b) in column (3), “ Section 38 ”.

Annotations:

Modifications (not altering text):

C11

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 as per s. 1(2). This section is listed in sch. 3 part 1.

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

Part 1

Statutes

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 15 of 2008

Dublin Transport Authority Act 2008

Section 38.

...

...

...

Editorial Notes:

E8

With respect to subs. (5), Freedom of Information Act 1997 was repealed and replaced (14.10.2014) by Freedom of Information Act 2014 (30/2014), commenced as per s. 1(2).