66. Confidentiality of information

66.—

1. No person who is or has been the Commissioner, a member of the Commissioner’s staff or an agent of the Commissioner shall disclose any information which—

(a) has been obtained by, or furnished to, the Commissioner under or for the purposes of this Act or the Access to Information Act;

(b) relates to an identified or identifiable individual or business; and

(c) is not at the time of the disclosure, and has not previously been, available to the public from other sources, unless the disclosure is made with lawful authority.

2. For the purposes of subsection (1), a disclosure is made with lawful authority only if, and to the extent that—

(a) the disclosure is made with the consent of the individual or of the person for the time being carrying on the business (as the case may be);

(b) the information was provided for the purpose of its being made available to the public (in whatever manner) under any provision of this Act or the Access to Information Act;

(i) any functions under this Act or the Access to Information Act; or

(ii) any of Jamaica’s obligations under an international treaty;

(d) the disclosure is made for the purposes of any proceedings, whether criminal or civil and whether arising under, or by virtue of, this Act or the Access to Information Act or otherwise; or

(e) having regard to the rights and freedoms or legitimate interests of any individual, the disclosure is necessary in the public interest.

3. Any person who knowingly or recklessly discloses information in contravention of subsection (1) commits an offence and shall be liable upon—

(a) summary conviction in a Parish Court, to a fine not exceeding two million dollars or to imprisonment for a term not exceeding two years; or

(b) conviction on indictment in a Circuit Court to a fine, or to imprisonment for a term not exceeding ten years.

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