Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

159.

Disclosure of information

159. (1) Without prejudice to the Official Secrets Act 1963 and subject to section 69 , a person who has, or has had, access to information relating to a sample taken from a person (or child) under this Act, or information in the DNA Database System, shall not disclose the information except for one or more of the following purposes:

(a) the purposes of the investigation of an offence or an inquiry relating to a missing person, an unknown person or an unknown deceased person;

(b) the purpose of a decision whether to institute proceedings for an offence;

(c) the purposes of criminal proceedings;

(d) the purpose of determining whether it is necessary to take a sample under this Act;

(e) the purposes of an inquest under the Coroners Act 1962;

(f) the purpose of making the information available to the person to whom the information relates;

(g) the purposes of a review of an alleged miscarriage of justice under section 2 of the Criminal Procedure Act 1993;

(h) the purposes of administering the DNA Database System;

(i) the purposes of automated searching and automated comparison of DNA profiles in the DNA Database System in accordance with Chapter 2of Part 12;

(j) the purposes of a request under Chapter 3 of Part 5 of the Act of 2008 or a request under section 50 of the Act of 2006;

(k) the purposes of compliance with section 8 or 9 of the Europol Act 2012;

(l) the purposes of Chapter 7 of Part 12;

(m) the purposes of an investigation of a complaint concerning the conduct of a member of the Garda Síochána by the Ombudsman Commission;

(n) the purposes of the performance by the Committee of its functions under this Act;

(o) the purposes of the performance by the Data Protection Commissioner of his or her functions under the Data Protection Act 1988;

(p) the purposes of civil proceedings (including disciplinary proceedings) regarding the manner in which a sample was taken under this Act;

(q) the disclosure of the information to any person if the person to whom the information relates consents to its disclosure to that person;

(r) any other purpose that is prescribed.

(2) A person who intentionally or recklessly discloses information in contravention of this section shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a class A fine 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.

Annotations:

Modifications (not altering text):

C10

Functions transferred and references to “Data Protection Commissioner” and “Office of the Data Protection Commission” construed (25.05.2018) by Data Protection Act 2018 (7/2018), s. 14(1), (2), in effect as per ss. 9, 14(4).

Note establishment of the Data Protection Commission (25.05.2018) by Data Protection Act 2018 (7/2018), s. 10(1), in effect as per s. 9.

Transfer of functions of Data Protection Commissioner to Commission

14. (1) All functions that, immediately before the establishment day, were vested in the Data Protection Commissioner are transferred to the Commission.

(2) A reference in any enactment or instrument under an enactment to the Data Protection Commissioner or to the Office of the Data Protection Commissioner shall be construed as a reference to the Commission.

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