Higher Education Authority Act 2022

32

Prohibition on unauthorised disclosure by members of staff of An tÚdarás of confidential information

32. (1) A person shall not disclose confidential information obtained by him or her while performing functions as a member of the staff of, or an adviser or consultant to An tÚdarás, or a member of the staff of such an adviser or consultant, unless he or she is authorised by An tÚdarás to so do.

(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both.

(3) Nothing in this section shall prevent the disclosure of information—

(a) in a report made to An tÚdarás,

(b) by or on behalf of An tÚdarás to the Minister,

(c) by a member of the Board to the Minister,

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

(e) that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.

(4) In this section “confidential information” includes—

(a) information that is expressed by An tÚdarás 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 An tÚdarás by contractors, consultants or any other person.