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Version status: In force | Document consolidation status: No known changes
Version date: 31 July 2023 - onwards
Version 2 of 2

74. Prohibition on disclosure of confidential information by persons engaging with Commission in connection with relevant function

The Act of 2018 is amended by the insertion of the following section after section 26:

"26A.

(1) The Commission may, where it or an authorised officer is authorised by law to provide information to a person (in this section referred to as a ‘relevant person’) in connection with the performance of a relevant function, by notice in writing given to the person -

(a) identify information that is provided, or to be provided, to the person by the Commission or an authorised officer, as the case may be, in connection with the performance of a relevant function by the Commission, an authorised officer, or both, as confidential information,

(b) specify, by reference to paragraph (a), (b) or (c) of the definition of ‘confidential information’, the reason the information so identified is confidential, and

(c) direct that the person shall, subject to subsection (2), not disclose that confidential information.

(2) A relevant person who receives a notice under subsection (1) may disclose confidential information referred to in the notice where such disclosure is -

(a) required or permitted by law, or

(b) authorised by the Commission in writing.

(3) A relevant person who fails to comply with a direction under subsection (1)(c) commits an offence and is liable on summary conviction to a class A fine.