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bruneilawsby aturio
In forceAs enacted
Contents

19. Exceptions from confidentiality requirements

(1)

Section 18 does not apply to any information relating to the account of a customer of a licensee if -

(a} the customer or his personal representative gives written permission to the disclosure of the information;

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(b)

the customer is declared bankrupt or, if the customer is a company, is being wound up;

(c)

the disclosure of the information is ordered by the Court for the purposes of civil proceedings within Brunei Darussalam;

fd}

the officials of a licensee by compulsion of this Order or any relevant written law are required to give information to the

Authority, or to a police officer or a public officer who is duly authorised under that law to obtain that information, or to a court in the investigation or prosecution of a criminal offence under any such law;

(e)

the licensee has been served with a garnishee order attaching moneys in the account of the customer;

ffJ the licensee is incorporated outside Brunei Darussalam and the information relates solely to -

{i)

credit facilities granted by the licensee; or

(ii)

foreign exchange, money market or any other transaction between the licensee and other banks, whether in or outside

Brunei Darussalam, or such other financial institutions as may be determined by the Authority from time to time, and the information is required by the head office of the licensee;

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(g)

the information is required to assess the credit worthiness of a customer in connection with or relating to a bona (ide commercial transaction or a prospective commercial transaction so long as the information is of a general nature and ·in no way related to the details of the customer's account;

fh} the customer has died, whether testate or intestate, and the information is required by his appointed personal representative or and person entitled to letters of administration, solely in connection with an application for a grant of probate or letters of administration;

(i} a customer who has been issued with a credit or charge card by a bank has his card suspended or cancelled by the bank by reason of his default in payment and the bank discloses information relating to the customer's name and identity, the amount of his indebtedness and the date suspension or cancellation of his credit or charge card to other banks and financial institutions issuing credit or charge cards in Brunei Darussalam;

{j) the information relates solely to credit facilities granted by a bank licensed hereunder or otherwise licensed in Brunei Darussalam and the information is required by another such bank; or

{k) in accordance with such conditions as the Authority may determine, information of such class or classes as the Authority may from time to time approve is transmitted from the licensee to a parent undertaking incorporated under the law of a country or territory outside Brunei Darussalam, solely for the purposes of carrying out collation, synthesis or processing of the information by the parent undertaking for the licensee.

(2)

In any such proceedings as are referred to in paragraphs {b), {c) or {e) of subsection (1) where information is likely to be disclosed in relation to a customer's bank account, the proceedings may, if the Court, of its own motion or on the application of any party to the proceedings, so orders, be held in camera and the information shall be confidential as between the Court and the parties thereto.

(3)

Where an order is made under subsection (2} in relation to any proceedings, no person shall publish the name, address or photograph of any parties to the proceedings or any information likely to lead to the identification of the parties thereto either during the currency of the proceedings or at any time thereafter.

(4)

A bank or other institution or any of its officers or employees, receiving any information pursuant to subsections 1{i) or 1{j} shall not disclose the information to any person.

(5)

Any person who contravenes subsections (3) or (4) shall be guilty of an offence and liable on conviction to a fine not exceeding twenty thousand dollars and to imprisonment for a term not exceeding two years.

{6}

Every decision of the Court in respect of any proceedings concerning the application or interpretation of this Order may be published or reported for the purposes of affording a record of those proceedings, provided that in every case

{a) the written decision of the Court shall be edited to such extent as shall be necessary to preserve confidentiality in respect of the identity of every interested party and of the subject matter of the proceedings; and

{b) no such decision shall be reported or published unless or until a judge of the Court shall have ascertained the views of the parties to the proceedings as to the adequacy of any editing undertaken, and certified in writing to the Registrar of the Court that the decision as edited may be released for publication or reporting.

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Report

Read on from s 20

Part IV

Read on from Part IV

Part VI

Read on from Part VI

Schedules