40. (1) Except in the circumstances specified in subsection (2), a person shall not disclose confidential information obtained while performing functions as—

(a) a member of the Board or a committee of the Agency,

(b) the chief executive officer or an employee of the Agency,

(c) a person engaged under section 55 by the Agency as an adviser or consultant, or

(d) an employee of a person referred to in paragraph (c).

(2) A person shall not contravene subsection (1) by disclosing confidential information if the disclosure—

(a) is made to or authorised by the Agency,

(b) is made to the Minister F29[or the Minister for Education] by or on behalf of the Agency or in compliance with this Act, or

(c) is required by law.