s.3Disclosure of confidential information
3
Section 3Part 0 —

Disclosure of confidential information

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Where a person owes a duty of confidence, the disclosure by that person of confidential information —
in compliance with the directions of a court pursuant to section 4;
in the normal course of business or with the consent, express or implied, of a principal;
to a constable of the rank of inspector or above investigating a criminal offence committed or alleged to have been committed within the Islands;
in compliance with an order or search warrant made by the Central Authority pursuant to the Criminal Justice (International Cooperation) Law (2015 Revision);
in compliance with an order made by the Cayman Authority pursuant to the Mutual Legal Assistance (United States of America) Law (2015 Revision);
in compliance with an order for evidence made by the Grand Court pursuant to the Evidence (Proceedings in Other Jurisdictions) (Cayman Islands) Order, 1978 (S.I 1890/78);
to the Monetary Authority, where the disclosure is made pursuant to a duty imposed under the Monetary Authority Law (2013 Revision) or regulatory laws;
to the Financial Reporting Authority pursuant to a duty imposed by the Proceeds of Crime Law (2014 Revision) or Terrorism Law (2015 Revision);
to the Anti-Corruption Commission pursuant to a duty imposed by the Anti-Corruption Law (2014 Revision); and
in accordance with, or pursuant to, a right or duty created by any other Law or Regulation,
shall not constitute a breach of the duty of confidence and shall not be actionable at the suit of any person.
A person who discloses confidential information on wrongdoing, or in relation to a serious threat to the life, health, safety of a person or in relation to a serious threat to the environment, shall have a defence to an action for breach of the duty of confidence, as long as the person acted in good faith and in the reasonable belief that the information was substantially true and disclosed evidence of wrongdoing, of a serious threat to the life, health, safety of a person or of a serious threat to the environment.

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