17. The Act of 1990 is amended by substituting the following for section 14:

“Disclosure of confidential information

14. (1) Except in the circumstances specified in subsection (3) a person shall not disclose confidential information obtained by him or her while performing functions as—

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

(b) a member of the Investment Committee or any committee established under section 5B, or

(c) an adviser or consultant or other person providing services to the Agency or as a member of the staff of such adviser or consultant or other person.

(2) A person who contravenes subsection (1) 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 6 months or both, or

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

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

(a) is made in the performance of functions of the Agency,

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

(c) is made to the Minister,

(d) is made by a person in the circumstances referred to in section 35(2) of the Ethics in Public Office Act 1995,

(e) is made to a member of the Garda Síochána and, in the opinion of the person making the disclosure, the information may relate to the commission of an offence (whether an offence under this Act or not), or

(f) is required by law.

(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, and

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