Regulation of Artificial Intelligence Bill 2026: Committee Stage (Resumed) and Remaining Stages
Seanad Éireann — 2026-07-15
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Niamh Smyth (FF), Cavan-Monaghan

Section 36(1) establishes the restriction on the disclosure of confidential information by the office's board members, CEO and staff and any external consultants and advisers engaged in the office. Section 36(2)(d) ensures that a disclosure that qualifies as a protected disclosure under the Protected Disclosures Act 2014 is protected against criminal prosecution. The amendment, which would exclude persons referred to in paragraph (d) from this protection, would mean a consultant or adviser engaged by the office who becomes aware of suspicious wrongdoing could not make a protected disclosure without risking prosecution under section 36(3).
In addition, section 36(2)(f) allows disclosure to An Garda Síochána where the person believes the information may relate to an offence. The office will need to engage extensively with external consultants and advisers for expertise because the field of AI is so broad and is rapidly growing and evolving. Removing the protection for consultants and advisers would mean that someone in that category who discovers evidence of wrongdoing or a crime while working for the office would commit an offence by reporting it. While I understand the concern behind the amendment, which is that confidential commercial information should not seep out through consultants, I believe it is important that they are not stripped of the safeguards that allow them to report suspicious wrongdoing. For that reason, I cannot accept that amendment.
Section 36(2)(a) permits disclosure only where it is made in the performance of the functions of the office. This is not an unrestricted permission to disclose information. Any disclosure must be necessary and connected to the exercise of a statutory function. The function in section 9(1)(c) is to promote and foster AI innovation and literacy. That function is intended to support awareness, understanding, capability building and innovation in AI. It is not a vehicle for sharing confidential information obtained by the office in the course of regulatory activities. The amendment appears to assume that the innovation and literacy functions create a unique risk of disclosure. However, many of the office's other functions may require extensive engagement with stakeholders, including facilitating co-operation between authorities, supporting information sharing and enhancing public awareness. There is no clear policy basis for singling out one function. The office will need to engage with businesses, researchers, start-ups, public bodies and civil society organisations in carrying out its innovation and literacy role. Restricting disclosures in connection with that function could make it more difficult for the office to provide guidance, education resources and practical support.
Confidential information remains protected in any event. Section 36(4) narrowly defines confidential information as commercially sensitive information or information expressly designated as confidential by the office. The existence of the innovation and literacy functions does not weaken those protections. If there are concerns regarding the handling of commercially sensitive information, those concerns are better addressed to the governance arrangements, confidentiality obligations and authorisation procedures, rather than disapplying one particular statutory function.
The amendment may create legal uncertainty. A disclosure may simultaneously support several statutory functions, for example, promoting AI literacy, enhancing public awareness and facilitating regulatory co-operation. It may become difficult to determine whether a disclosure falls within or outside the exception.
The Bill is carefully drafted so that all of the office's statutory functions can be carried out effectively while maintaining appropriate confidential protections. Removing one function from the framework risks upsetting that balance without delivering any clear additional safeguard. For that reason, I oppose the amendment.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-07-15/debate/main
Retrieved: 2026-08-27T06:52:16+00:00
Sitting date: 2026-07-15