131Confidentiality

131 Confidentiality

(1)  This section applies to a person engaged or previously engaged in the administration of this Act and (without limiting the foregoing) to –

(a) a person who is or was a delegate of the Competent Authority; or

(b) a person who is or was employed by, or engaged to provide services to or on behalf of, the Competent Authority; or

(c) a person who is or was employed by, or engaged to provide services to, a person or body engaged to provide services to the Competent Authority.

(2)  A person to whom this section applies must not divulge or communicate information obtained (whether by that person or otherwise) in the administration of this Act except –

(a) as required or authorised by or under this or any other Act; or

(b) with the consent of the person from whom the information was obtained or to whom the information relates; or

(c) in connection with the administration of this Act; or

(d) to the Competent Authority, a corresponding authority, an authorised officer or a police officer; or

(e) to a prescribed public authority of any jurisdiction; or

(f) to a public authority of any jurisdiction for law enforcement purposes; or

(g) to a court or in connection with any legal proceedings; or

(h) in accordance with guidelines approved by the Minister.

(3)  Information that has been disclosed under subsection (2) for a particular purpose must not be used for any other purpose by –

(a) the person to whom the information was disclosed; or

(b) any other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure.

(4)  A person must not engage in conduct that results in a contravention of subsection (2) or (3) .