Roads Act 1993

Disclosure of confidential information.


38.(1) A person shall not disclose confidential information obtained by him while performing duties as a member of the Authority, as an employee of the Authority, as a person whose services are provided to the Authority under section 32, as a member of a committee or consultative group established by the Authority or as a consultant, adviser or other person engaged by the Authority unless he is duly authorised to do so.

(2) In this section “confidential information” includes—

(a) information that is expressed by the Authority or the Minister to be confidential either as regards particular information or as regards information of a particular class or description,

(b) commercial information in relation to contractors, consultants, providers of finance or any other person,

(c) proposals of a commercial nature or tenders submitted to the Authority or a road authority by contractors, consultants or any other person,

and “duly authorised” means authorised in writing by the Authority or by some person authorised in that behalf by the Authority.

(3) A person who contravenes subsection (1) shall be guilty of an offence.


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. 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



Enactments Excluded from Application of Section 41.



Number and Year

Short Title





No. 14 of 1993

Roads Act 1993.

Section 38.




Editorial Notes:


Previous affecting provision: disclosure of records under section exempted from restriction provided (22.04.1997) by Freedom of Information Act 1997 (13/1997), s. 32 and sch. 3 part 1, commenced as per s. 1(2); repealed (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 5 and sch. 4, commenced as per s. 1(2).