S.L. 452.98 Art. 14Reservation and confidentiality.

(1) A person who is or at any time was -

(a) a member of a special negotiating body;

(b) a member of a representative body;

(c) an employee member on a supervisory or administrative organ; or

(d) an expert assisting a special negotiating body or a representative body,shall not disclose any information or document which is or has been in his possession by virtue of his position as described in paragraphs (a) to (d), which the competent organ of an SCE, a participating legal entity or its concerned subsidiaries or establishments has entrusted to him on terms requiring it to be held in confidence.

(2) In this regulation a person specified in subregulation (1)(a) to (d) shall be referred to as a ‘recipient’.

(3) The obligation to comply with subregulation (1) is a duty owed to the competent organ of a participating legal entity or the SCE and a breach of such duty is actionable in damages accordingly.

(4) Where a dispute arises as to the confidentiality of information or a document given to a recipient, the recipient whom the competent organ of a participating legal entity or the SCE has entrusted with such information or document on terms requiring it to be held in confidence, may refer the dispute to the Industrial Tribunal for a decision as to whether it was reasonable for the competent organ to require the recipient to hold the information or document in confidence.

(5) If the Industrial Tribunal considers that the disclosure of the information or the document by the recipient would not, or would not be likely to, prejudice or cause serious harm to the undertaking, it shall make a declaration that it was not reasonable for the competent organ to require the recipient to hold the information or document in confidence.

(6) If a declaration is made under subregulation (5), the information or document shall not at any time thereafter be regarded as having been entrusted to the recipient who made the application under subregulation (4), or to any other recipient, on terms requiring it to be held in confidence.

(7) The competent organ of an SCE registered in Malta or a participating legal entity, or a concerned subsidiary registered in Malta is not required to disclose any information or document to a recipient when the nature of the information or document is such that, according to objective criteria, the disclosure of the information or document would seriously harm the functioning of, or would be prejudicial to, the SCE, participating legal entity or any subsidiaries or establishments concerned.

(8) Where there is a dispute between the competent organ of a participating legal entity, concerned subsidiary or establishment or an SCE and a recipient as to whether the nature of the information or document which the competent organ has failed to provide is such as is described in subregulation (7), the competent organ or a recipient may refer the dispute to the Industrial Tribunal for a decision as to whether the information or document is of such a nature.

(9) If the Industrial Tribunal decides that the disclosure of the information or document in question would not, according to objective criteria, seriously harm the functioning of, or be prejudicial to, the SCE, participating legal entity or any subsidiary or establishment concerned, as the case may be, the Industrial Tribunal shall order the competent organ to disclose the information or document, and the order shall specify:

(a) the information or document to be disclosed;

(b) the recipient or recipients to whom the information or document is to be disclosed;

(c) any terms on which the information or document is to be disclosed; and

(d) the date before which the information or document is to be disclosed.