Criminal Justice (Surveillance) Act 2009

13.

Confidentiality of information.

13.— (1) A person shall not disclose, inside or outside the State, any information in connection with the operation of this Act in relation to surveillance carried out under an authorisation or under an approval granted in accordance with section 7 or 8 , including any information or documents obtained as a result of such surveillance, or reveal the existence of an application for the issue of an authorisation, the variation or renewal of an authorisation under section 6 or the grant of an approval under section 7 or 8 , unless the disclosure is to an authorised person and is—

( a) for the purposes of the prevention, investigation or detection of crime,

( b) for the prosecution of offences,

( c) in the interests of the security of the State, or

( d) required under any other enactment.

(2) A relevant person who contravenes subsection (1) shall be guilty of an offence and shall be liable—

( a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or

( b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.

(3) A person other than a relevant person who contravenes subsection (1) shall be guilty of an offence and shall be liable—

( a) on summary conviction, to a fine not exceeding €1,000 or imprisonment for a term not exceeding 6 months or both, or

( b) on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 2 years or both.

(4) In this section—

“authorised person” means—

( a) a person referred to in section 62(4)( a) of the Garda Síochána Act 2005,

( b) the Minister for Defence,

( c) the Minister for Finance, and

( d) a person the disclosure to whom is—

(i) authorised by the Commissioner of the Garda Síochána, F17 [ the chairperson of the Ombudsman Commission, ] the Chief of Staff of the Defence Forces or a Revenue Commissioner, or

(ii) otherwise authorised by law;

“relevant person” means a person who is or was—

( a) a member of the Garda Síochána, F17 [ a designated officer of the Ombudsman Commission, ] a member of the Defence Forces or an officer of the Revenue Commissioners,

( b) a reserve member of the Garda Síochána within the meaning of the Garda Síochána Act 2005,

F17 [ ( ba ) an officer of the Ombudsman Commission other than a designated officer of the Ombudsman Commission, ]

( c) a member of the Reserve Defence Force within the meaning of the Defence Act 1954,

( d) a member of the civilian staff of the Garda Síochána or of the Defence Forces, or

( e) engaged under a contract or other arrangement to work with or for the Garda Síochána, F17 [ the Ombudsman Commission, ] the Defence Forces or the Revenue Commissioners.

Annotations:

Amendments:

F17

Inserted (27.04.2015) by Garda Síochána (Amendment) Act 2015 (3/2015), s. 13(j), S.I. No. 150 of 2015.