Section 70: Disclosure of information
consolidated text (as at 2012, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
70. Disclosure of information
(1) No Commissioner, nor the Executive Director or any other staff of the
Commission shall—
(a) disclose any information relating to the affairs of the Commission, any particular business or the affairs of an individual, which
he has obtained under or by virtue of any of the provisions of
the Act, unless such disclosure is made—
(i) with the written authorisation of the person carrying on the
business or the individual, from whom the information was
obtained;
(ii) for the purpose of the administration or enforcement of this
Act;
(iii) in connection with the investigation of any criminal offence;
(iv) for the purpose of responding to a request made by a foreign or multinational competition authority for the production of information in circumstances where Mauritius is a
party to an international agreement providing for the production or exchange of such information;
(v) in compliance with the requirements of any Court or the
provisions of any other enactment;
(b) use, for his own personal benefit or for the benefit of any other
person, or make use of any information, whether directly or indirectly, which has been obtained by him under or by virtue of any
of the provisions of this Act.
(2) Any person who contravenes subsection (1) shall commit an offence
and shall, on conviction, be liable to a fine not exceeding 200,000 rupees
and to imprisonment for a term not exceeding 5 years.
(S. 70 came into operation on 25 November 2009.)
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Questions this section answers
- Can Commission staff share confidential business information they obtained during an investigation?
- What is the penalty for a Commission official who leaks confidential business information?