Revised Laws of Saint Lucia (2021)

17.   Oath of secrecy and confidentiality

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    (1)   A commissioner or an officer or employee of the Commission shall be required to take the oath of secrecy set out in Schedule 2.

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    (2)   Subject to subsection (3), a commissioner, an officer, an employee, an agent or an adviser of the Commission shall not disclose to any other person any information relating to —

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      (a)     the business affairs of the Commission;

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      (b)     any application submitted to the Commission under this Act or a Regulatory Act;

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      (c)     the business affairs of a service licensee; or

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      (d)     the affairs of a customer, member, client of a service licensee,

that the commissioner, officer, employee, agent or adviser has acquired in the course of his or her duties or in the exercise of the Commission's functions under this Act or any other law.

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    (3)   Subsection (1) does not apply to a disclosure —

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      (a)     in respect of the business affairs of a service licensee or of a customer, member, client of a service licensee, with the consent of the person or the customer, member, client, as the case may be, which consent has been voluntarily given;

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

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      (c)     if the information disclosed is or has been available to the public from any other source;

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      (d)     where the information disclosed is in a summary or in statistics expressed in a manner that does not enable the identity of a service licensee or any customer, member, client of a service licensee, to which the information relates, to be ascertained;

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      (e)     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 commissioner, officer or employee of the Commission;

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      (f)     for the purposes of any legal proceedings pursuant to a court order in connection with the winding up or dissolution of a service licensee; or

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      (g)     for the appointment or duties of a receiver of a service licensee.

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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 one year or to both.