Revised Laws of Saint Lucia (2023)

PART 6
MISCELLANEOUS

90.   oath or affirmation of secrecy

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    (1)   A member of the Board and the Secretary and a member of the Tribunal, the Corporate Secretary and the Recording Secretary shall take the oath or affirmation of secrecy as set out in the Schedule.

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    (2)   A member of the Board, a Secretary and a member of the Tribunal and the Recording Secretary shall at all times preserve and aid in preserving confidentiality with regard to all matters coming to his or her knowledge in the performance of his or her functions under this Act.

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    (3)   A member of the Board, Secretary, employee, agent or adviser of the Authority or a member of the Tribunal and the Recording Secretary shall not disclose any information relating to —

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      (a)     the business or affairs of the Authority;

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      (b)     any application made to the Authority under this Act;

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      (c)     the business or affairs of a licenced entity; or

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      (d)     the affairs of an applicant, medical practitioner, patient, caregivers or other such persons that the member, employee, agent or adviser has acquired in the course of his or her duties or in the exercise of the Authority's functions under this Act or any other law.

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    (4)   Notwithstanding subsection (3), a person may disclose information in any of the following circumstances —

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      (a)     pursuant to an order of the court;

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      (b)     to a person or an employee of the Authority, as he or she is authorized to disclose to; or

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      (c)     where disclosure is permitted under any other enactment.

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    (5)   A person who contravenes subsection (3) commits an offence and —

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      (a)     shall compensate for any loss suffered or benefits received from the use of the information; and

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      (b)     is liable on summary conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 6 months.