Personal Data Protection Order, 2025 · As enacted · Part · General
60. Preservation of secrecy
Official textFrom Attorney General's Chambers, unchanged
Subject to subsection (5), every specified person shall preserve, and aid in the preservation of, secrecy with regard to -
(a} any personal data an organisation would be required or authorised to refuse to disclose if it were contained in personal data requested under section 18;
personal data
"personal data" means data, whether true or not, about an individual who can be identified - (a} from that data; or (bJ from that data and other information to which the organisation has or is likely to have access;
whether information exists, if an organisation in refusing to provide access under section 18 does not indicate whether the information exists;
all matters that have been identified as confidential under subsection ( 3); and
all matters relating to the identity of persons furnishing information to the Authority, that may come to his knowledge in the performance of his functions and discharge of his duties under this Order and shall not communicate any such matter to any person, except in so far as such communication -
is necessary for the performance of any such function or discharge of any such duty; or
is lawfully required by any court, or lawfully required or permitted under this Order, or any other written law.
Any person who fails to comply with subsection (1) is guilty of an offence.
Any person, when furnishing any information to the Authority, may identify information that he claims to be confidential information.
Authority
"Authority" means the Authority for Info-communications Technology Industry of Brunei Darussalam established by section 3 of the Authority for Info-communications Technology Industry of Brunei Darussalam Order, 2001;
Every claim made under subsection (3) shall be supported by a written statement giving reasons why the information is confidential.
Notwithstanding subsection (1), the Authority may disclose, or authorise any specified person to disclose, any information relating to any matter referred to in subsection ( 1) in any of the following circumstances -
disclose
"disclose", in relation to personal data, includes providing access to personal data;
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{a} where the consent of the person to whom the information relates has been obtained;
{b} if the Authority considers there is evidence of an offence, disclose information relating to the commission of an offence to the Public
Prosecutor, any police officer and other law enforcement authorities;
{c)
to give effect to any provision of this Order;
for the purposes of a prosecution, an application or an appeal referred to in section 57( 1 ){a} or {b);
{e)
to comply with any provision of a cooperation agreement entered into under section 54, where the conditions specified in subsection (6) are satisfied; or
(fJ to a public body m any circumstances as the Authority may determine.
The conditions referred to in subsection (5){e} are -
(a} that the information or documents requested by the foreign country are in the possession of the Authority;
that unless the Government otherwise allows, the foreign country undertakes to keep the information given confidential at all times; and
{c)
that the disclosure of the information is not likely to be contrary to the public interest.
In this section-
"specified person" means a person who is or has been-
(a} a member or an officer of a relevant body;
{b) a person authorised or appointed by a relevant body to perform the relevant body's functions or duties, or exercise the relevant body's powers, under this Order or any other written law;
{c}
a member of a committee of a relevant body or any person authorised, appointed or employed to assist the relevant body; or 62
an authorised officer or a person authorised, appointed or employed to assist an authorised officer;
"relevant body" means the Authority, the Appeal Panel or an Appeal
Committee.
Terms defined in this Act
Appeal Committee
Defined · s 2"Appeal Committee" means the Data Protection Appeal Committee constituted under section 41(2);
Appeal Panel
Defined · s 2"Appeal Panel" means the Data Protection Appeal Panel established by section 41(1);
authorised officer
Defined · s 2"authorised officer" means any person appointed as an authorised officer under section 4(2);
Authority
Defined · s 2"Authority" means the Authority for Info-communications Technology Industry of Brunei Darussalam established by section 3 of the Authority for Info-communications Technology Industry of Brunei Darussalam Order, 2001;
disclose
Defined · s 30"disclose", in relation to personal data, includes providing access to personal data;
organisation
Defined · s 2"organisation" includes any individual, company, association or body of persons, corporate or unincorporated, whether or not- (a} formed or recognised under the law of Brunei Darussalam; or (bJ resident, or having an office or a place of business, in Brunei Darussalam;
personal data
Defined · s 2"personal data" means data, whether true or not, about an individual who can be identified - (a} from that data; or (bJ from that data and other information to which the organisation has or is likely to have access;