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Ireland – Standards – Disclosure – Classified

Ireland – Standards – Disclosure – Classified

18. (1) This section applies to a disclosure of information if it might reasonably be expected-

(a) to affect adversely-

(i) the security of the State,

(ii) the defence of the State, or

(iii) the international relations of the State,

or

(b) to reveal, or lead to the revelation of, the identity of a person who has given information in confidence to a public body in relation to the enforcement or administration of the law or any other source of such information given in confidence.

(2) Without prejudice to the generality of subsection (1) this section applies to a disclosure of information-

(a) which was obtained or prepared for the purpose of intelligence in respect of the security or defence of the State,

(b) which relates to-

(i) the tactics, strategy or operations of the Defence Forces in or outside the State, or

(ii) the detection, prevention or suppression of activities calculated or tending to undermine the public order or the authority of the State (which expression has the same meaning as in section 2 of the Offences Against the State Act 1939),

(c) which consists of a communication between a Minister of the Government and a diplomatic mission or consular post in the State or a communication between the Government or a person acting on behalf of the Government and another government or a person acting on behalf of another government,

(d) which consists of a communication between a Minister of the Government and a diplomatic mission or consular post of the State,

(e) which was communicated in confidence to any person in or outside the State from any person in or outside the State, relates to a matter referred to in subsection (1) or to the protection of human rights and was expressed by the latter person to be confidential or to be communicated in confidence,

(f) which was communicated in confidence from, to or within an international organisation of states or a subsidiary organ of such an organisation or an institution or body of the European Union or relates to negotiations between the State and such an organisation, organ, institution or body or within or in relation to such an organisation, organ, institution or body, or

(g) which is contained in a record of an organisation, organ, institution or body referred to in paragraph (f) and the disclosure of which is prohibited by the organisation, organ, institution or body.

(3) A disclosure of information to which this section applies is not a protected disclosure unless-

(a) it is made in the manner specified in section 6(1)(a), 8 or 9, or

(b) it is made in the manner specified in section 10 to the Disclosures Recipient.

(4) There shall be an office of Disclosures Recipient and Schedule 3 shall have effect in relation to that office.

Referenced Legislation: Protected Disclosures Act (2014)

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