38Confidentiality of information supplied to valuer

38 Confidentiality of information supplied to valuer S. 38(1) amended by No. 82/2005 s. 21. (1) A specialist retail valuer who is supplied with information by a landlord or tenant for the purpose of determining under section 37 the current market rent for a retail premises lease must not— (a) use or permit the use of the information for any purpose other than to determine the current market rent for the lease concerned; or (b) communicate or divulge that information to any other person or permit that information to be communicated or divulged to any other person. (2) However, subsection (1) does not prevent the specialist retail valuer— S. 38(2)(a) amended by No. 16/2017 s. 39. (a) communicating or divulging the information to a court, the Tribunal or the Small Business Commission, or permitting another person to do so; or (b) using, communicating or divulging the information or permitting another person to do so— (i) in accordance with the consent of both the landlord and tenant; or (ii) in a way that does not disclose information identifying a particular lease or tenant, or relating to a tenant's business, for the purpose of specifying the matters to which the valuer had regard in making the determination concerned. (3) A specialist retail valuer who contravenes this section is liable to pay to the landlord or tenant concerned compensation for any loss or damage suffered by the landlord or tenant as a result of the information being used, communicated or divulged. (4) The amount of the compensation is the amount that is— (a) agreed between the valuer and the person seeking compensation; or