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data which is in the possession of the State and which is classified as confidential, with
the intention of directly or indirectly benefiting a foreign state or any person engaged in
a terrorist activity against the Republic, is guilty of an offence.
(3)
(a)
Any person who unlawfully and intentionally performs or
authorises, procures or allows another person to perform a prohibited act contemplated
in section 3(1) or (3), in sofar as it relates to the use of personal information, 4(1), 5(1),
6(1) or (2), 7(1), 8(1), 9(1) or 10(1), in order to gain access, as contemplated in section
4(3), to or intercept data, as contemplated in section 5(3), which is in the possession of
the State and which is classified as secret, with the intention of directly or indirectly
benefiting a foreign state or any person engaged in a terrorist activity against the
Republic, is guilty of an offence.
(b)
Any person who unlawfully and intentionally—
(i)
possesses;
(ii)
communicates, delivers or makes available; or
(iii)
receives,
data which is in the possession of the State and which is classified as secret, with the
intention of directly or indirectly benefiting a foreign state or any person engaged in a
terrorist activity against the Republic, is guilty of an offence.
(4)
(a)
Any person who unlawfully and intentionally performs or
authorises, procures or allows another person to perform a prohibited act contemplated
in section 3(1) or (3), in sofar as it relates to the use of personal information, 4(1), 5(1),
6(1) or (2), 7(1), 8(1), 9(1) or 10(1), in order to gain access, as contemplated in section
4(3), to or intercept data, as contemplated in section 5(3), which is in the possession of
the State and which is classified as top secret, with the intention of directly or indirectly
benefiting a foreign state or any person engaged in a terrorist activity against the
Republic, is guilty of an offence.
(b)
Any person who unlawfully and intentionally—
(i)
possesses;
(ii)
communicates, delivers or makes available; or