Revised Laws of Saint Lucia (2021)

13.   Records

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    (1)   Subject to subsection (2), a record of the Commission shall, upon request, be available for public inspection at the offices of the Commission on payment of the prescribed fee.

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    (2)   The following records shall not, except in accordance with this section, be made 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 whose disclosure would constitute an invasion of personal privacy;

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      (c)     secret records relating to national defence or security;

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

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      (e)     records of information obtained by the Commission in the course of its frequency monitoring activities;

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      (f)     records containing information relating to the valuation of the property of the telecommunications providers;

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

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

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      (i)     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)   An application for authorisation of equipment and materials relating to an application for a licence or frequency authorisation is not available for public inspection until the Commission approves the application for a licence or frequency authorisation.

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    (6)   Records of information submitted in connection with audits, investigations and examinations shall not be made available for public inspection until the Commission acts upon the matter.

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    (7)   The Commission shall cause to be published in the Gazette—

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      (a)     licences issued, modified, renewed or revoked;

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      (b)     exemptions granted under the Act; and

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      (c)     enforcement orders of the Commission.