Health Service Executive (Governance) Act 2013

10.

Amendment of section 26 of Act of 2004.

10.— Section 26 of the Act of 2004 is amended by substituting the following for subsections (1) and (2):

“(1) Except in the circumstances specified in subsection (2), a person shall not disclose confidential information obtained while performing functions as—

( a) an appointed director or a member of a committee of the Directorate,

( b) Director General,

( c) an employee of the Executive,

( d) a person engaged by the Executive as an adviser, or

( e) a person employed by a person referred to in paragraph ( d).

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

( a) the Executive authorises its disclosure,

( b) the disclosure is made to the Directorate,

( c) the disclosure is made to the Minister by or on behalf of the Executive or in compliance with a requirement of this Act,

( d) the disclosure is otherwise required by law, or

( e) the disclosure is a protected disclosure under Part 9A.”.