Revised Laws of Saint Lucia (2021)

36.   Public access to records of the Commission

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    (1)   Subject to the remaining subsections of this section, upon request, the Commission shall make a record of the Commission available for public inspection at the offices of the Commission on payment of the prescribed fee.

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    (2)   The Commission shall not, except in accordance with this section, make the following records available to the public for inspection —

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      (a)     records relating to the internal personnel rules and practices of the Commission;

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      (b)     personnel records, medical records, and other records the disclosure of which would constitute an invasion of personal privacy;

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      (c)     records of intra-governmental communications relating to governmental decision processes;

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      (d)     records of information obtained by the Commission in the course of the discharge of its functions;

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      (e)     records containing information relating to the valuation of the property of the service licensees;

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      (f)     records of trade secrets or proprietary commercial, financial or technical information which is customarily guarded from competitors of service licensees;

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      (g)     records of information which are subject to judicial privilege; and

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      (h)     records which are not open to public inspection by virtue of the provisions of any enactment.

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    (3)   The Commission shall make available records referred to in subsection (2)(d) through the discovery process in court proceedings.

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    (4)   The Commission shall not disclose an investigative record compiled for enforcement purposes for public inspection if to do so —

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      (a)     interferes with enforcement proceedings;

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      (b)     deprives a person of the right to fair trial or impartial adjudication;

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      (c)     constitutes an unjustified invasion of personal privacy;

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      (d)     discloses the identity of a confidential source;

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      (e)     discloses investigative techniques or procedures; or

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      (f)     endangers the life or physical safety of the law enforcement personnel or any other person.

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    (5)   Records of information submitted in connection with an audit, investigation or examination shall not be made available for public inspection until the Commission makes its decision with regard to the audit, investigation or examination.

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    (6)   The Commission shall cause to be published in the Gazette service licences issued, modified, renewed or revoked.