Article 22 — Breach of Official Duty and Misuse of Confidential Information

1. 1.

   Any public officer who wilfully or through gross negligence breaches the duties of office, causing or creating a material risk of harm to the State or to any person, commits an offence.

2. 2.

   Any public officer who, without authorisation, discloses confidential State information to any person not entitled to receive it commits an offence.

   1. For the purposes of this paragraph, “confidential State information” means any information classified as confidential, restricted, or otherwise not intended for public disclosure by law, regulation, or lawful direction of a competent authority.
3. 3.

   Any public officer who uses confidential information obtained through the exercise of their office for personal gain or for the benefit of any third party commits an offence.

4. 4.

   For the purposes of this Article, “public officer” has the meaning given in Article 2(1)(h).

5. 5.

   Classification.

   1. An offence under this Article is a serious offence.
   2. Where the offence results in substantial harm to the State, to the administration of justice, or to any person, the offence is a grave offence.
6. 6.

   Sanctions.

   1. For a serious offence under this Article, the offender is liable to the following sanctions:
      1. A fine of $5,000 to $50,000, in accordance with Article 12.
      2. Public censure in accordance with Article 10.
      3. Revocation of office, appointment, or mandate held by the offender.
   2. For a grave offence under this Article, the offender is liable to the following sanctions:
      1. A fine of $50,000 to $500,000, in accordance with Article 12.
      2. Public censure in accordance with Article 10.
      3. Revocation of office, appointment, or mandate held by the offender.