Revised Laws of Saint Lucia (2022)

409.   Duty of confidentiality

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    (1)   Except where otherwise provided under this Act and the Regulations or as required by law—

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      (a)     a labour officer, a person accompanying a labour officer or a person who, at the request of a labour officer obtains information or makes an examination, test or inquiry under the powers conferred on him or her under this Act, shall not publish, disclose or communicate to any person any information, material statement, report or result of any examination, test or inquiry acquired, furnished, obtained, made or received under the powers conferred under this Act or the Regulations;

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      (b)     a person shall not publish, disclose or communicate to any person any secret manufacturing process or trade secret acquired, furnished, obtained, made or received under the provisions of this Act or the Regulations made thereunder;

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      (c)     a person to whom information is communicated under this Act and the Regulations shall not divulge the name of the informant to any person.

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    (2)   The duty of confidentiality referred to under subsection (1) shall not apply—

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      (a)     where written instructions of the Minister to disclose has been issued save that the Minister may not issue instructions to disclose matters referred to under subsection (1)(b);

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      (b)     where disclosure is required in the necessary course of the duties of the labour officer;

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      (c)     where evidence is being given before a court of competent jurisdiction or the Tribunal; and

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      (d)     where the consent of the person affected by such a disclosure has been obtained.

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    (3)   A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year or to both.