Revised Laws of Saint Lucia (2022)

206.   Confidential information

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    (1)   Except for the purposes of this Part and the regulations made under this Part or as required under any other law in force in Saint Lucia—

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      (a)     an authorized officer, a person authorized in writing by the Labour Commissioner accompanying him or her or a person who, at the request of an authorized officer makes an examination, test or inquiry, shall not publish, disclose or communicate to any other person any information, material statement, report or result of any examination, test or inquiry acquired, furnished, obtained, made or received in the exercise of his or her powers and duties under this Part or Regulations made under this Part;

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      (b)     a person shall not publish, disclose or communicate to any other person any secret manufacturing process or trade secret acquired, furnished, obtained, made or received in the exercise of his or her powers or duties under the provisions of this Part or the regulations made under this Part;

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      (c)     a person to whom information is communicated under this Part and regulations made under this Part, shall not divulge the name of the informant to any other person;

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      (d)     a person shall not disclose any information obtained in any medical examination, of an employee under this Part, made or taken under this Part except in a form calculated to prevent the information from being identified with a particular person or case.

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    (2)   An employer shall not seek to gain access, except by an order of the Tribunal or in order to comply with this Act, or in order to employ or continue to employ an employee in an establishment, to a health record concerning an employee without the employee's written consent.

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    (3)   An authorized officer or a person authorized in writing by the Labour Commissioner who at the request of an inspector accompanies that member, or a person who makes an examination, test, inquiry or takes samples at the request of the Department of Labour, is not a compellable witness in a civil suit or any proceeding, except an inquest in accordance with this Part, respecting any information, material, statement or test acquired, furnished, obtained, made or received under this Part or the Regulations made under this Part.

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    (4)   Subsection (1) shall not apply so as to prevent any person from providing any information in the possession of the person, including confidential business information, in a medical emergency for the purpose of diagnosis or treatment.

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    (5)   A person who contravenes this section commits an offence and is liable on summary conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years.