Financial Services and Pensions Ombudsman Act 2017


Confidential information

17. (1) In this section, “confidential information” includes information that is expressed by the Ombudsman to be confidential either as regards particular information or information of a particular class or description.

(2) A person shall not, unless authorised by the Ombudsman or required by law, disclose any confidential information obtained by him or her while performing, or as a result of having performed, duties as any of the following:

(a) the Deputy Ombudsman;

(b) a member of the Council;

(c) a member of the staff of the Ombudsman;

(d) a consultant or adviser to the Ombudsman appointed under section 16.

(3) Subsection (2) shall not operate to prevent the disclosure of information—

(a) in a report to the Ombudsman, or

(b) by or on behalf of the Ombudsman to a Minister of the Government.

(4) A person who contravenes subsection (2) commits an offence and shall be liable on summary conviction to a class A fine.

(5) Notwithstanding subsection (2)

(a) the Ombudsman,

(b) the Deputy Ombudsman,

(c) a member of the Council,

(d) a member of the staff of the Office, or

(e) a consultant or advisor to the Ombudsman appointed under section 16, may disclose to a member of the Garda Síochána information which, in the opinion of the person concerned, may relate to the commission of an offence (whether an offence under this Act or not).