Official secrets act, 1963

• Act Number: 1
• Enactment Date: 05 February 1963

Number 1 of 1963.
OFFICIAL SECRETS ACT, 1963.
ARRANGEMENT OF SECTIONS
PART I
Preliminary
Section 1. Short title. 2. Interpretation. 3. Repeals.
PART II
Official Information
4. Disclosure of official information. 5. Disclosure of confidential information in official contracts. 6. Retention of documents and articles. 7. Offences relating to official dies, seals and stamps. 8. Forgery, etc., of official documents.
PART III
Communication of information to the prejudice of the safety or preservation of the State
9. Acts contrary to safety or preservation of State. 10. Communication with foreign agents or members of unlawful organisations. 11. Harbouring offenders and failure to report offences. 12. Proceedings in camera.
PART IV
Legal proceedings and supplementary provisions
13. Offences. 14. Restriction on prosecution. 15. Arrest without warrant. 16. Search warrants. 17. Obtaining information as to suspect offences. 18. Power to require the production of telegrams.
Acts Referred to Official Secrets Acts, 1911 1911, c. 28 Official Secrets Acts, 1920 1920, c. 75 Offences Against the State Act, 1939 1939, No. 13 Police (Property) Act, 1897 1897, c. 30 Telegraph Act, 1869 1869, c. 73 Wireless Telegraphy Act, 1926 1926, No. 45
Number 1 of 1963.
OFFICIAL SECRETS ACT, 1963.
AN ACT TO PROVIDE FOR THE SAFEGUARDING OF OFFICIAL INFORMATION. [5th February, 1963.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
PART I Preliminary
	Short title.	1.—This Act may be cited as the Official Secrets Act, 1963.
	Interpretation.	2.—(1) In this Act—
	“document” includes part of a document;
	“Minister” means a member of the Government;
	“model” includes design, pattern or specimen;
	“official document” includes a passport, official pass, permit, document of identity, certificate, licence or other similar document, whether or not completed or issued for use, and also includes an endorsement thereon or addition thereto;
	“official information” means any secret official code word or password, and any sketch, plan, model, article, note, document or information which is secret or confidential or is expressed to be either and which is or has been in the possession, custody or control of a holder of a public office, or to which he has or had access, by virtue of his office, and includes information recorded by film or magnetic tape or by any other recording medium;
	“public office” means an office or employment which is wholly remunerated out of the Central Fund or out of moneys provided by the Oireachtas, or an appointment to, or employment under, any commission, committee or tribunal set up by the Government or a Minister for the purposes of any inquiry, but does not include membership of either House of the Oireachtas.
	“sketch” includes a photograph or other mode of representing any place or thing;
	“State authority” means the Attorney General, the Comptroller and Auditor General, the Revenue Commissioners, the Commissioners of Public Works in Ireland or the Irish Land Commission.
	(2) In this Act—
	expressions referring to communicating or receiving include any communicating or receiving, whether in whole or in part and whether the sketch, plan, model, article, note, document or information itself or the substance, effect or description thereof only be communicated or received;
	expressions referring to obtaining or retaining any sketch, plan, model, article, note or document include the copying or causing to be copied of the whole or any part of any sketch, plan, model, article, note or document; and
	expressions referring to the communication of any sketch, plan, model, article, note or document include the transfer or transmission thereof.
	(3) A certificate given by a Minister under his seal that any official code word or password or any sketch, plan, model, article, note, document or information specified or indicated in the certificate is secret or confidential shall be conclusive evidence of the fact so certified.
	Repeals.	3.—The Official Secrets Acts, 1911 and 1920, are hereby repealed.
PART II Official Information
	Disclosure of official information.	4.—(1) A person shall not communicate any official information to any other person unless he is duly authorised to do so or does so in the course of and in accordance with his duties as the holder of a public office or when it is his duty in the interest of the State to communicate it.
	(2) A person to whom subsection (1) applies shall take reasonable care to avoid any unlawful communication of such information.
	(3) A person shall not obtain official information where he is aware or has reasonable grounds for believing that the communication of such information to him would be a contravention of subsection (1).
	(4) In this section “duly authorised” means authorised by a Minister or State authority or by some person authorised in that behalf by a Minister or State authority.
	Disclosure of confidential information in official contracts.	5.—(1) A person who is or has been—
	(a) a party to a contract with a Minister or State authority or with any person on behalf of a Minister or State authority, or
	(b) employed by such party,
	shall not communicate to any third party any information relating to the contract and expressed therein to be confidential.
	(2) A person to whom subsection (1) applies shall take reasonable care to avoid any unlawful communication of such information.
	(3) It shall be a good defence to a prosecution for a contravention of this section to prove that the communication was authorised in writing by the Minister or State authority or by the party contracting on behalf of the Minister or State authority.
	Retention of documents and articles.	6.—(1) A person shall not retain any official document or anything which constitutes or contains official information when he has no right to retain it or when not required by his duty as the holder of a public office to retain it.
	(2) A person shall comply with all directions issued by a Minister or the Secretary of a Department or any person authorised by a Minister under seal as to the return or disposal of any official document or anything which constitutes or contains official information and which is in his possession or under his control and is specified or indicated in such directions.
	(3) The Taoiseach may give directions as to the return or disposal of any original documents specified or indicated in such directions which constitute or contain official information and which are in the possession or under the control of any person who formerly held office as a Minister or Parliamentary Secretary and any such person shall comply with all such directions.
	(4) Subsections (1) and (2) shall not apply to a person who formerly held an office to which subsection (3) applies.
	Offences relating to official dies, seals and stamps.	7.—(1) A person shall not—
	(a) use or have in his possession or under his control, without lawful authority or excuse, any official die, seal or stamp or any die, seal or stamp so nearly resembling it as to be calculated to deceive, or
	(b) counterfeit any official die, seal or stamp, or
	(c) use or have in his possession or under his control, without lawful authority or excuse, any such counterfeit die, seal or stamp, or
	(d) manufacture or sell or have in his possession for sale, without lawful authority or excuse, any official die, seal or stamp.
	(2) In this section “official die, seal or stamp” means a die, seal or stamp of or belonging to, or used, made or provided by a Minister or State authority or any diplomatic or consular agent or other authority appointed by or acting under the authority of the Government.
	Forgery, etc., of official documents.	8.—A person shall not—
	(a) forge or, without lawful authority or excuse, alter or tamper with any official document, or
	(b) use or have in his possession or under his control, without lawful authority or excuse, any forged, altered or irregular official document.
PART III Communication of information to the prejudice of the safety or preservation of the State
	Acts contrary to safety or preservation of State.	9.—(1) A person shall not, in any manner prejudicial to the safety or preservation of the State—
	(a) obtain, record, communicate to any other person or publish, or
	(b) have in his possession or under his control any document containing, or other record whatsoever...