Policing, Security and Community Safety Act 2024
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Confidentiality of information obtained by Police Ombudsman | ||
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191. (1) A person who— | ||
(a) was a member of the Garda Síochána Ombudsman Commission, | ||
(b) is or was the Police Ombudsman, the Deputy Police Ombudsman or the chief executive officer, | ||
(c) was an officer of the Garda Síochána Ombudsman Commission, | ||
(d) is or was an officer of the Police Ombudsman, | ||
(e) is or was under contract with or engaged by the Garda Síochána Ombudsman Commission or the Police Ombudsman, or | ||
(f) is or was an employee or contractor of a person to whom paragraph (e) applies, | ||
shall not disclose, in or outside the State, unless he or she is required or permitted by law or duly authorised by the Police Ombudsman in furtherance of his or her functions, any information obtained in the course of carrying out the duties of that person’s office, employment, contract or other arrangement with the Garda Síochána Ombudsman Commission or the Office of the Police Ombudsman, as the case may be, whether obtained before or after the repeal of the Act of 2005 by section 5 , where that disclosure is likely to have a harmful effect and the person knows or believes that the disclosure is likely to have such an effect. | ||
(2) For the purpose of this section, the disclosure of information referred to in subsection (1) is likely to have a harmful effect where it is likely to— | ||
(a) facilitate the commission of an offence, | ||
(b) prejudice the safekeeping of a person in legal custody, | ||
(c) impede the prevention, detection or investigation of an offence, | ||
(d) impede the apprehension or prosecution of a suspected offender, | ||
(e) impede an investigation under Part 6 or otherwise prejudice the effective performance of the functions of the Police Ombudsman, | ||
(f) result in the identification of a person who is— | ||
(i) a complainant (within the meaning of Part 6 ), | ||
(ii) the subject of a complaint, or | ||
(iii) the subject of any matter under investigation by the Police Ombudsman or An Garda Síochána, | ||
where his or her identity is not at the time of the disclosure a matter of public knowledge, | ||
(g) result in the publication of information that— | ||
(i) relates to a person referred to in subparagraph (i), (ii) or (iii) of paragraph (f) or who has given evidence to the Police Ombudsman or An Garda Síochána, and | ||
(ii) is of such a nature that its publication would be likely to discourage the person to whom the information relates or any other person from reporting a complaint or giving evidence to the Police Ombudsman or An Garda Síochána, | ||
(h) result in the publication of personal information (within the meaning of the Freedom of Information Act 2014 ) relating to a person that constitutes an unwarranted and serious infringement of that person’s right to privacy, | ||
(i) reveal information provided in confidence by another state, an international organisation, another police service or an intelligence service, or | ||
(j) affect adversely the international relations or interests abroad of the State, including those with Northern Ireland. | ||
(3) For the purpose of this section, a person is presumed, unless the contrary is proved, to know that disclosure of information referred to in subsection (1) is likely to have a harmful effect if a reasonable person would, in all the circumstances, be aware that its disclosure could have that effect. | ||
(4) In any proceedings for an offence under this section it shall be a defence to show that the disclosure was— | ||
(a) made to— | ||
(i) the Minister, | ||
(ii) the Attorney General, | ||
(iii) the Director of Public Prosecutions, | ||
(iv) the Chief State Solicitor, | ||
(v) the Criminal Assets Bureau, | ||
(vi) the Comptroller and Auditor General or the staff of the Office of the Comptroller and Auditor General, | ||
(vii) the Garda Commissioner, | ||
(viii) the Authority, | ||
(ix) the Revenue Commissioners, | ||
(x) the State Claims Agency, | ||
(xi) the Child and Family Agency, | ||
(xii) a member of either of the Houses of the Oireachtas where relevant to the proper discharge of that member’s functions, | ||
(xiii) a court, or | ||
(xiv) a tribunal appointed under the Tribunals of Inquiry (Evidence) Acts 1921 to 2011, a commission of investigation established under the Commissions of Investigation Act 2004 or a committee (within the meaning of section 2 of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 ) for the purposes of a Part 2 inquiry (within the meaning of that section) under that Act, | ||
(b) made under Part 6 to a person in relation to— | ||
(i) a complaint made by the person, or | ||
(ii) an investigation concerning the person, | ||
(c) made in the course of, and in accordance with, the duties of that person’s office or employment or of his or her duties under a contract or other arrangement to work with or for the Police Ombudsman, or | ||
(d) reasonably believed by the person who made the disclosure to be required or permitted by law, duly authorised by the Police Ombudsman in furtherance of his or her functions or made in accordance with paragraph (a), (b) or (c). | ||
(5) A person who contravenes subsection (1) is guilty of an offence and is liable— | ||
(a) on summary conviction, to a class C 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. | ||
(6) A person who contravenes subsection (1) and who receives any gift, consideration or advantage as an inducement to disclose the information to which the contravention relates or as a reward for, or otherwise on account of, the disclosure of that information, is guilty of an offence and is liable— | ||
(a) on summary conviction, to a class B fine or imprisonment for a term not exceeding 12 months, or both, or | ||
(b) on conviction on indictment, to a fine not exceeding €75,000 or imprisonment for a term not exceeding 7 years, or both. | ||
(7) In any proceedings for an offence under this section, it shall not be necessary to prove that the disclosure had a harmful effect. | ||
(8) The provisions of this section are in addition to, and not in substitution for, the provisions of the Act of 1963. |