Competition Act · s 70

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70.
Preservation of secrecy
(1) Subject to subsection (5), every specified person shall preserve, and aid in the preserving of, secrecy with regard to —
(a) all matters relating to the business, commercial or official affairs of any person;
(b) all matters that have been identified as confidential under subsection (3); and
(c) all matters relating to the identity of persons furnishing information to the Commission, that may come to his knowledge in the performance of his functions and discharge of his duties under this Act and shall not communicate any such matter to any person, except in so far as such communication —
(i) is necessary for the performance of any such function or discharge of any such duty; or
(ii) is lawfully required by any court or the Tribunal, or lawfully required or permitted under this Act or any other written law.
(2) Any person who fails to comply with subsection (1) is guilty of an offence.

Competition 72
(3) Any person, when furnishing any information to the Commission, may identify information that he claims to be confidential information.
(4) Every claim made under subsection (3) shall be supported by a written statement giving reasons why the information is confidential.
(5) Notwithstanding subsection (1), the Commission may disclose any information relating to any matter referred to in subsection (1) in any of the following circumstances —
(a) where the consent of the person to whom the information relates has been obtained; or
(b) for the purposes of —
(i) a prosecution under this Act;
(ii) subject to subsection (6), enabling the Commission to give effect to any provision of this Act;
(iii) enabling the Commission, an authorised officer to investigate a suspected offence under this Act or to enforce a provision thereof; or
(iv) complying with such provision of an agreement between Brunei Darussalam and a country or territory outside Brunei Darussalam (referred to in this section as a foreign country or territory) as may be prescribed, where the conditions specified in subsection (7) are satisfied.
(6) If the Commission is considering whether to disclose any information under subsection (5)(b)(ii), the Commission shall have regard to —
(a) the need for excluding, so far as is practicable, information the disclosure of which would in its opinion be contrary to the public interest;
(b) the need for excluding, so far as is practicable —
(i) commercial information the disclosure of which would, or might, in its opinion, significantly harm the legitimate

Competition business interests of the undertaking to which it relates;
or
(ii) information relating to the private affairs of an individual the disclosure of which would, or might, in its opinion, significantly harm his interest; and
(c) the extent to which the disclosure is necessary for the purposes for which the Commission is proposing to make the disclosure.
(7) The conditions referred to in subsection (5)(b)(iv) are —
(a) the information or documents requested by the foreign country or territory are available to the Commission;
(b) unless the Government otherwise allows, the foreign country or territory undertakes to keep the information given confidential at all times; and
(c) the disclosure of the information is not likely to be contrary to the public interest.
(8) In this section, “specified person” means a person who is or has been —
(a) a member, an officer, an employee or an agent of the
Commission;
(b) a member of a committee of the Commission or any person authorised, appointed or employed to assist the Commission;
(c) an authorised officer or a person authorised, appointed or employed to assist an authorised officer; or
(d) a member of the Tribunal or any person authorised, appointed or employed to assist the Tribunal.

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s 70Preservation of secrecy

(1)

Subject to subsection (5), every specified person shall preserve, and aid in the preserving of, secrecy with regard to —

(a)

all matters relating to the business, commercial or official affairs of any person;

(b)

all matters that have been identified as confidential under subsection (3); and

(c)

all matters relating to the identity of persons furnishing information to the Commission, that may come to his knowledge in the performance of his functions and discharge of his duties under this Act and shall not communicate any such matter to any person, except in so far as such communication —

(i)

is necessary for the performance of any such function or discharge of any such duty; or

(ii)

is lawfully required by any court or the Tribunal, or lawfully required or permitted under this Act or any other written law.

(2)

Any person who fails to comply with subsection (1) is guilty of an offence.

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(3)

Any person, when furnishing any information to the Commission, may identify information that he claims to be confidential information.

(4)

Every claim made under subsection (3) shall be supported by a written statement giving reasons why the information is confidential.

(5)

Notwithstanding subsection (1), the Commission may disclose any information relating to any matter referred to in subsection (1) in any of the following circumstances —

(a)

where the consent of the person to whom the information relates has been obtained; or

(b)

for the purposes of —

(i)

a prosecution under this Act;

(ii)

subject to subsection (6), enabling the Commission to give effect to any provision of this Act;

(iii)

enabling the Commission, an authorised officer to investigate a suspected offence under this Act or to enforce a provision thereof; or

(iv)

complying with such provision of an agreement between Brunei Darussalam and a country or territory outside Brunei Darussalam (referred to in this section as a foreign country or territory) as may be prescribed, where the conditions specified in subsection (7) are satisfied.

(6)

If the Commission is considering whether to disclose any information under subsection (5)(b)(ii), the Commission shall have regard to —

(a)

the need for excluding, so far as is practicable, information the disclosure of which would in its opinion be contrary to the public interest;

(b)

the need for excluding, so far as is practicable —

(i)

commercial information the disclosure of which would, or might, in its opinion, significantly harm the legitimate

Competition business interests of the undertaking to which it relates;

(ii)

information relating to the private affairs of an individual the disclosure of which would, or might, in its opinion, significantly harm his interest; and

(c)

the extent to which the disclosure is necessary for the purposes for which the Commission is proposing to make the disclosure.

(7)

The conditions referred to in subsection (5)(b)(iv) are —

(a)

the information or documents requested by the foreign country or territory are available to the Commission;

(b)

unless the Government otherwise allows, the foreign country or territory undertakes to keep the information given confidential at all times; and

(c)

the disclosure of the information is not likely to be contrary to the public interest.

(8)

In this section, “specified person” means a person who is or has been —

(a)

a member, an officer, an employee or an agent of the

Commission;

(b)

a member of a committee of the Commission or any person authorised, appointed or employed to assist the Commission;

(c)

an authorised officer or a person authorised, appointed or employed to assist an authorised officer; or

(d)

a member of the Tribunal or any person authorised, appointed or employed to assist the Tribunal.