Revised Laws of Saint Lucia (2022)

108.   Provision for security of information obtained

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    (1)   Subject to subsections (2) and (3), no information, book or document referred to in section 107 which has been obtained pursuant to sections 105 or 106 and which relates to any person shall, without the previous consent in writing of that person, be published or disclosed unless the publication or disclosure is required —

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      (a)     with a view to the institution of or otherwise for the purpose of criminal proceedings;

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      (b)     for the purpose of the examination of any person by inspectors in the course of their investigation;

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      (c)     for the purposes of proceedings pursuant to subsections (5)and (9)     of section 105;

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      (d)     for the purpose of enabling or assisting an official receiver to discharge his or her functions pursuant to enactments relating to insolvency;

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      (e)     for the purpose of enabling or assisting a body which is for the time being a recognized professional body for the purposes of any insolvency enactment to discharge its functions as such;

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      (f)     with a view to the institution of, or otherwise for the purpose of, any disciplinary proceedings relating to the exercise by a lawyer, auditor, accountant, valuer or actuary of his or her professional duties; or

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      (g)     for the purpose of enabling or assisting an authority in a country or territory outside Saint Lucia to exercise functions corresponding to those of the Director of Financial Services.

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    (2)   Any information or document obtained pursuant to section 105 or 106 may, without the consent of the person to whom it relates, be published or disclosed to —

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      (a)     the Minister;

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      (b)     an inspector;

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      (c)     the Attorney General; or

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      (d)     the Director of Financial Services.

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    (3)   The Minister may, if the Minister thinks fit, disclose any information obtained pursuant to sections 105 or 106 to the persons listed at paragraphs (b) to (d) of subsection (2) in any circumstances in which or for any purpose for which the preceding subsections of this section do not preclude disclosure.