Credit Reporting Act 2013

32.

Prohibition on unauthorised disclosure of information

32. (1) A person to whom this section applies shall not disclose confidential information received by the Bank in connection with the performance of the Bank’s functions under this Act.

(2) This section applies to every person who is or has been—

(a) the Governor,

(b) a member of the Commission,

(c) a Head of Function,

(d) the Registrar of Credit Unions,

(e) an officer or employee of the Bank or an agent of the Bank,

(f) employed as a consultant or auditor or in any other capacity by the Bank or an agent of the Bank.

(3) Subsection (1) does not prevent—

(a) the disclosure of information in compliance with this Act or as required or permitted by law or any enactment other than this Act,

(b) the disclosure of information to the Bank,

(c) the disclosure of information by or on behalf of the Bank to the Minister,

(d) the disclosure of information to the Data Protection Commissioner, or

(e) the disclosure of information which, in the opinion of a person to whom this section applies, may disclose the commission of an indictable offence to the Director of Corporate Enforcement, the Competition Authority, a member of the Garda Síochána or an officer of the Revenue Commissioners.

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

(5) A person guilty of an offence under subsection (4) is liable—

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €30,000 or to imprisonment for a term not exceeding 5 years or both.

(6) In this section—

“confidential information” means information that is expressed by the Bank to be confidential, either as regards particular information or as regards information of a particular class;

“member of the Commission” shall be construed in accordance with section 2(1) of the Central Bank Act 1942.

Annotations:

Modifications (not altering text):

C7

Reference to Data Protection Commissioner construed (25.05.2018) by Data Protection Act 2018 (7/2018), s. 14(2), commenced as per subs. (4) and S.I. No. 175 of 2018.

Transfer of functions of Data Protection Commissioner to Commission

14. (1) All functions that, immediately before the establishment day, were vested in the Data Protection Commissioner are transferred to the Commission.

(2) A reference in any enactment or instrument under an enactment to the Data Protection Commissioner or to the Office of the Data Protection Commissioner shall be construed as a reference to the Commission.

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C8

Reference to Competition Authority construed (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 39(2)(a), in effect as per subs. (4) and S.I. No. 367 of 2014.

Transfer of functions to Commission

39. (1) All functions that, immediately before the establishment day, were vested in the dissolved bodies are transferred to the Commission.

(2) References in any Act of the Oireachtas passed before the establishment day or in any instrument made before that day under an Act of the Oireachtas to—

(a) the National Consumer Agency, or

(b) the Competition Authority,

shall, on and after that day, be construed as references to the Commission.

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