General restrictions on disclosure of information

(1) Subject to the following provisions of this section, no information with respect to particular business which– (a) has been obtained under or by virtue of the provisions of this Act; and (b) relates to the private affairs of any individual or to any particular business; shall, during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business. (2) Sub-section (1) does not apply to any disclosure of information which is made58 (a) for the purpose of facilitating the performance of any functions assigned or transferred to the Minister, or the Commission by or under this Act; (b) for the purpose of facilitating the performance of any functions of any Minister; (c) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings; (d) for the purpose of any civil proceedings brought under or by virtue of this Act; (e) in pursuance of a community obligation. (3) Nothing in sub-section (1) shall be construed– (a) as limiting the matters which may be published under section 9 or may be included in, or made public as part of, a report of the Commission under this Act; or (b) as applying to any information which has been so published or has been made public as part of such a report. (4) Any person who discloses any information in contravention of this section commits an offence and shall be liable– (a) on summary conviction, to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding twelve months, or to both such fine and term of imprisonment; or 59 (b) on conviction on indictment, to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding five years, or to both such fine and term of imprisonment.