s 139 Secrecy
(1) No person who for any reason has access to any record, book, register, correspondence or other document, material or information whatsoever relating to the affairs or accounts of the following persons, shall disclose to any other person, or make a record for any person of any such record, book, register, correspondence or other document, material or information: (a) an Islamic mutual fund under Part IV, (b) any customer of an Islamic bank licensee under Part VI; (c) any policy owner under Part VII; (d) an Islamic self-regulatory organization established under Part XI; (e) any licensed entity under this Act. (2) Subsection (1) shall not apply to: (a) any disclosure lawfully required under section 28B of the Labuan Financial Services Authority Act 1996 or under section 22 of the Labuan Business Activity Tax Act 1990 [Act 445]; (b) any disclosure required under an order of the court made upon an ex-parte application, provided that the person disclosing the relevant information shall notify the person affected by the order and upon receipt of such notification, the affected person may file in the necessary application to the court to contest the order or otherwise comply with the order accordingly; (c) with respect to information relating to an Islamic mutual fund under Part IV, with the prior consent of the Islamic mutual fund and its investors concerned; (d) with respect to information relating to the customers of an Islamic bank licensee under Part VI, with the prior written consent of the relevant customer or his personal representative; (e) with respect to information of policy owners under Part VII, with the prior written consent of the relevant policy owner or his personal representative or in the course of placement of retakaful business; and (f) with respect to the information relating to a licensed entity, with the prior written consent of the relevant licensed entity. (3) No person who has any record, book, register, correspondence or other document, material or information which to his knowledge has been disclosed in contravention of subsection (1) shall in any manner howsoever disclose the same to any other person. (4) All proceedings, except criminal proceedings, relating to a contravention of this section, shall be commenced in any Court under the provisions of this Act and any appeal therefrom shall, unless the Court otherwise orders, be heard in camera and no details of the proceedings shall be published by any person without leave of the Court. (5) Subject to subsection (6), nothing in this section shall limit any powers conferred upon the Court or a judge thereof by the Bankers’ Books (Evidence) Act 1949 [Act 33] or prohibit obedience to an order made under that Act. (6) Section 7 of the Bankers’ Books (Evidence) Act 1949 shall not apply to an Islamic bank licensee under Part VI, its directors or offers. (7) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding three years or to both.