Revised Laws of Saint Lucia (2022)

26.   Secrecy and confidentiality

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    (1)   A director or an employee of the Authority shall sign a secrecy and confidentiality instrument in a form specified by the Authority.

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    (2)   Subject to subsection (3), a director or an employee of the Authority shall not disclose to another person information relating to —

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      (a)     the business affairs of the Authority;

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      (b)     the affairs of a customer or director,

that the director or employee has acquired in the course of his or her functions or in the exercise of the Authority's functions under this Act or any other law.

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    (3)   Subsection (2) does not apply to a disclosure —

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      (a)     in respect of the affairs of a director or customer, with the consent of the director or the customer, which consent has been voluntarily given;

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      (b)     for the purpose of enabling or assisting the Authority in exercising a function conferred on it under this Act or any other law;

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      €     if the information disclosed is or has been available to the public from another source;

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      (d)     if the information disclosed is in a summary or in statistics expressed in a manner that does not enable the identity of a customer or director to which the information relates, to be ascertained;

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      €     lawfully made to a person with a view to the institution of, or for the purpose of —

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        (i)     criminal proceedings, or

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        (ii)     disciplinary proceedings relating to the discharge of duties by a director or employee of the Authority; or

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      (f)     for the purposes of legal proceedings pursuant to a court order.

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    (4)   A person who contravenes subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding $10,000 or to a term of imprisonment not exceeding 2 years or to both and in the case of a director, to revocation of his or her appointment.