Criminal Justice (Surveillance) Act 2009

13

Confidentiality of information.

13.— (1) A person shall not disclose, inside or outside the State, any information in connection with the operation of this Act in relation to surveillance carried out under an authorisation or under an approval granted in accordance with section 7 or 8, including any information or documents obtained as a result of such surveillance, or reveal the existence of an application for the issue of an authorisation, the variation or renewal of an authorisation under section 6 or the grant of an approval under section 7 or 8, unless the disclosure is to an authorised person and is—

(a) for the purposes of the prevention, investigation or detection of crime,

(b) for the prosecution of offences,

(c) in the interests of the security of the State, or

(d) required under any other enactment.

(2) A relevant person who contravenes subsection (1) shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.

(3) A person other than a relevant person who contravenes subsection (1) shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding €1,000 or imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 2 years or both.

(4) In this section—

“authorised person” means—

(a) a person referred to in F42[section 80 (4)(a) of the Act of 2024],

(b) the Minister for Defence,

F43[(ba) the Minister for Enterprise, Trade and Employment,]

(c) the Minister for Finance, and

(d) a person the disclosure to whom is—

(i) authorised by the Commissioner of the Garda Síochána, F44[the F42[Police Ombudsman],] F45[the Chief of Staff of the Defence Forces, a Revenue Commissioner or the chairperson of the Competition and Consumer Protection Commission], or

(ii) otherwise authorised by law;

“relevant person” means a person who is or was—

(a) a member of the Garda Síochána, F44[a designated officer of the F42[Police Ombudsman],] a member of the Defence Forces or an officer of the Revenue Commissioners,

F42[(b) a member of the Garda Síochána who holds the rank of reserve garda,]

F44[F42[(ba) an officer of the Police Ombudsman other than a designated officer of the Police Ombudsman,]]

F43[(bb) a member of, a member of the staff of, or an authorised officer of the Competition and Consumer Protection Commission,]

(c) a member of the Reserve Defence Force within the meaning of the Defence Act 1954,

F42[(d) a member of garda staff (within the meaning of the Act of 2024) or a member of the civilian staff of the Defence Forces, or]

(e) engaged under a contract or other arrangement to work with or for the Garda Síochána, F44[the F42[Police Ombudsman],] F45[the Defence Forces, the Revenue Commissioners or the Competition and Consumer Protection Commission].

Annotations

Amendments:

F42

Substituted (2.04.2025) by Policing, Security and Community Safety Act 2024 (1/2024), s. 281(1)(j), S.I. No. 107 of 2025, in effect as per art. 2.

F43

Inserted (27.09.24) by Competition (Amendment) Act 2022 (12/2022), s. 35(j)(i)(I), (ii)(I), S.I. No. 448 of 2023.

F44

Inserted (27.04.2015) by Garda Síochána (Amendment) Act 2015 (3/2015), s. 13(j), S.I. No. 150 of 2015.

F45

Substituted (27.09.24) by Competition (Amendment) Act 2022 (12/2022), s. 35(j)(i)(II), (ii)(II), S.I. No. 448 of 2023.

Editorial Notes:

E13

A fine of €3,000 translates into a class B fine, not greater than €4,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(2) and table ref. no. 1, S.I. No. 662 of 2010.

A fine of €1,000 translates into a class D fine, not greater than €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(2) and table ref. no. 1, S.I. No. 662 of 2010.