Supporting People who Speak Out

Ireland – Standards – Followup – Confidentiality

Ireland – Standards – Followup – Confidentiality

16. (1) A person to whom a protected disclosure is made, and any person to whom a protected disclosure is referred in the performance of that person’s duties, shall not disclose to another person any information that might identify the person by whom the protected disclosure was made.

(2) Subsection (1) does not apply if-

(a) the person to whom the protected disclosure was made or referred shows that he or she took all reasonable steps to avoid so disclosing any such information,

(b) the person to whom the protected disclosure was made or referred reasonably believes that the person by whom the protected disclosure was made does not object to the disclosure of any such information,

(c) the person to whom the protected disclosure was made or referred reasonably believes that disclosing any such information is necessary for-

(i) the effective investigation of the relevant wrongdoing concerned,

(ii) the prevention of serious risk to the security of the State, public health, public safety or the environment, or

(iii) the prevention of crime or prosecution of a criminal offence,

or

(d) the disclosure is otherwise necessary in the public interest or is required by law.

(3) A failure to comply with subsection (1) is actionable by the person by whom the protected disclosure was made if that person suffers any loss by reason of the failure to comply.

Referenced Legislation: Protected Disclosures Act (2014)

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