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).