S.L. 217.26 чл. 21Confidentiality.  

(1) Other than for the proper discharge of their duties or functions under these regulations and in terms of the Act, including for the purposes of the due diligence checks referred to in regulation 14, or as may be otherwise provided in any other law, the Agency, and the officers and employees of the Agency, shall treat all information furnished in accordance with these regulations as confidential and such information shall be solely used by the Agency for the purpose of these regulations. The officers and employees of the Agency shall at all times treat any information acquired in the discharge of their duties as confidential, and shall not, directly or indirectly, disclose such information to any other person, except with the consent of the person to whom the information relates. For the purposes of this sub-regulation, "employees" and "officials" shall include former employees and officials.

(2) No person appointed or employed by the Agency in carrying out the provisions of these regulations shall be required to produce in any court, tribunal, board or committee of inquiry any document or to divulge any matter coming under his notice in the performance of his duties under these regulations except as may be lawfully required under any applicable law or for the purpose of carrying into effect the provisions of these regulations, or a prosecution for any offence against any of the provisions of these regulations.

(3) Notwithstanding the provisions of the other sub-regulations of this regulation, upon a lawful request under any applicable law, the Agency shall have the power to furnish information obtained for any of the purposes of these regulations to the Commissioner for Tax and Customs, the Financial Intelligence Analysis Unit, the Malta Financial Services Authority, the Malta Business Registry, the Commissioner of Police and other authority legally empowered to request such information.

(4) Notwithstanding the provisions of the other sub-regulations of this regulation, the Agency may also, pursuant to a written request, disclose information to local or overseas enforcement or regulatory authorities or police agencies, or a network or grouping comprising such local or overseas enforcement or regulatory authorities or police agencies, or both, for the purpose of preventing, detecting, investigating or prosecuting the commission of acts or omissions that amount to or are likely to amount to a criminal offence under any applicable law or to an offence or breach of a regulatory nature, whether in Malta or overseas.

(5) Without prejudice to the provisions of the other sub-regulations, the Agency shall also have the power to furnish to the Commissioner for Tax and Customs the name and surname, nationality, date of birth, residence address in the original jurisdiction of tax residence and tax information registration number of the beneficiary and the dependants included on a certificate issued in accordance with these regulations.