Environmental Protection Agency Act 1992

Disclosure of confidential information.


39.(1) A person shall not disclose confidential information obtained by him in his capacity as Director General, other director, an employee of the Agency, a member of the Advisory Committee or of a committee or consultative group established by the Agency, a consultant, adviser or other person engaged by the Agency, or a person whose services are availed of by, or supplied to, the Agency under section 44 or who exercises or performs any function on behalf of the Agency under an agreement under section 45, unless he is duly authorised to do so.

(2) In this section—

confidential information”, without prejudice to the provisions of section 110, includes 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;

duly authorised” means authorised by the Agency or by some person authorised in that behalf by the Agency for the purposes of this section.


Modifications (not altering text):


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

(b) the non-disclosure of the record is authorised by any such enactment in certain circumstances and the case is one in which the head would, pursuant to the enactment, refuse to disclose the record.



Enactments Excluded from Application of Section 41




No. 7 of 1992

Environmental Protection Agency Act 1992

Section 39