27. —(1) Save as otherwise provided by law, a person shall not, without the consent of the Agency, disclose confidential information obtained by him or her while performing, or as a result of having performed, duties as—

(a) the chairperson of the Agency,

(b) the chief executive,

(c) an ordinary member of the Agency,

(d) a member of a committee,

(e) a member of the staff of the Agency, or

(f) a consultant or adviser or an employee of such person engaged by the Agency under section 35 ,

unless he or she is duly authorised to do so.

(2) A person who contravenes subsection (1) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000.

(3) Nothing in subsection (1) shall prohibit the disclosure of information by means of a report made—

(a) to the Agency, or

(b) by or on behalf of the Agency to the Minister.

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

(a) 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,

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

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

(5) The Third Schedule to the Freedom of Information Act 1997 is amended by the insertion in Part 1 at the end thereof:

(a) in column (2) of “ Digital Hub Development Agency Act 2003 ”, and

(b) in column (3) of “ section 27 ”.