§ 71 — Confidentiality of proceedings

71.—(1) This section applies to the following information:(a)

any statement or document submitted, created or made for the purposes of a proceeding before an adjustment relief assessor;

(b)

any information (whether written or oral) that is disclosed in the course of the proceeding.

(2) A person who is a party to the proceeding must not disclose to any other person any information in subsection (1), except —(a)

with the consent of the person to whom the information relates;

(b)

to the extent that the information is already in the public domain;

(c)

to the extent that the disclosure is necessary for the purposes of, or in connection with, the proceeding, the enforcement of an adjustment relief assessor’s determination, or any proceeding before a court or an arbitral tribunal; or

(d)

to the extent that the disclosure is required for any purpose under this Act.

(3) A person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

(4) Where there is a contravention of subsection (2), a person who has suffered loss or damage as a result of the contravention has a right of action against the person who contravenes that subsection.

(5) The types of relief the court may grant in an action under subsection (4) include an injunction and damages.[Act 37 of 2020 wef 14/01/2021]

—(1) This section applies to the following information:(a)

any statement or document submitted, created or made for the purposes of a proceeding before an adjustment relief assessor;

(b)

any information (whether written or oral) that is disclosed in the course of the proceeding.

(2) A person who is a party to the proceeding must not disclose to any other person any information in subsection (1), except —(a)

with the consent of the person to whom the information relates;

(b)

to the extent that the information is already in the public domain;

(c)

to the extent that the disclosure is necessary for the purposes of, or in connection with, the proceeding, the enforcement of an adjustment relief assessor’s determination, or any proceeding before a court or an arbitral tribunal; or

(d)

to the extent that the disclosure is required for any purpose under this Act.

(3) A person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

(4) Where there is a contravention of subsection (2), a person who has suffered loss or damage as a result of the contravention has a right of action against the person who contravenes that subsection.

(5) The types of relief the court may grant in an action under subsection (4) include an injunction and damages.[Act 37 of 2020 wef 14/01/2021]