S.L. 431.3 Art. 12Confidentiality.  Cap. 9. Cap. 377.

(1) Other than for the proper discharge of their duties or functions under these regulations, or as may be otherwise provided in any other law, the members of the Board or any other person providing services, employed or in any manner assisting the Board or the members thereof, shall consider all information and documents in relation to the Board or provided thereto as confidential and shall not, in any way or manner, disclose such information and documents, in whole or part thereof, to anyone but the members of the Board:

Provided that the Board may authorise, upon a request being made to it or ex officio, any disclosure as it may instruct and according to such conditions as it may deem fit:

Provided further that, without prejudice to any other law or obligation, information and documents originating from persons extraneous to the Board, or publicly available, shall not be subject to confidentiality according to this regulation.

(2) For the purposes of this regulation and without prejudice to any other law or obligation, confidentiality obligations according to this regulation shall also indefinitely bind:

(a) all former members of the Board;

(b) any person who provided services, was employed or in any manner assisted the Board or the members thereof; and

(c) any person who comes into contact with confidential information pertaining to the Board.

(3) Persons subject to confidentiality obligations according to this regulation shall be so subject whether they are compensated or remunerated or not for their relationship or any other involvement whatsoever with the Board.

(4) Without prejudice to the foregoing provisions of this regulation, the Board may, pursuant to a written request, disclose information to any person, body or entity as it may deem fit, so however that any such disclosure and the reasons thereof are to be registered in a written resolution of the Board before disclosure is effected:

Provided that the Board may also disclose any requested information if it so decides when a request is made pursuant to the terms of understanding assumed in bilateral or multilateral agreements for the exchange of information and other forms of collaboration with overseas bodies or authorities including a request arising under a Memorandum of Understanding concluded with the Board:

Provided further that the Board shall disclose any requested information when obliged to do so according to any other law, whether domestic or international.

(5) A person who contravenes the provisions of this regulation shall be guilty of an offence and liable, on conviction, to a fine (multa) not exceeding one thousand euro (€1000).

(6) The provisions of this regulations shall not apply when disclosure is in favour of the Minister, following a request by the Minister.

(7) Any person charged with violations of article 257 of the

Criminal Code or of the Professional Secrecy Act, shall not be found guilty if he proves, to the satisfaction of the competent court, that his disclosure is regulated and, or sanctioned under the provisions of this regulation.

(8) Any investigation or criminal proceeding for a violation of this regulation may not be initiated unless the Executive Police, or any other competent authority, is requested to do so through a complaint by the Board expressed through a resolution of the Board signed by the Chairperson.