Preservation of secrecy
89.—(1)  Subject to subsection (5), every specified person must preserve, and aid in the preserving of, secrecy with regard to —
(a)all matters relating to the business, commercial or official affairs of any person;
(b)all matters that have been identified as confidential under subsection (3); and
(c)all matters relating to the identity of persons furnishing information to the Commission,
that may come to his or her knowledge in the performance of his or her functions and discharge of his or her duties under this Act and must not communicate any such matter to any person, except in so far as such communication —
(d)is necessary for the performance of any such function or discharge of any such duty; or
(e)is lawfully required by any court or the Board, or lawfully required or allowed under this Act or any other written law.
[5/2018]
(2)  Any person who fails to comply with subsection (1) shall be guilty of an offence.
(3)  Any person, when furnishing any information to the Commission, may identify information that he or she claims to be confidential information.
(4)  Every claim made under subsection (3) must be supported by a written statement giving reasons why the information is confidential.
(5)  Despite subsection (1), the Commission may disclose any information relating to any matter referred to in subsection (1) in any of the following circumstances:
(a)where the consent of the person to whom the information relates has been obtained;
(b)for the purposes of —
(i)a prosecution under this Act;
(ii)subject to subsection (6), enabling the Commission to give effect to any provision of this Act;
(iii)enabling the Commission, an investigating officer or an inspector to investigate a suspected offence under this Act or to enforce a provision thereof; or
(iv)complying with such provision of an agreement between Singapore and a country or territory outside Singapore (called in this section a foreign country) as may be prescribed, where the conditions specified in subsection (7) are satisfied.
(6)  If the Commission is considering whether to disclose any information under subsection (5)(b)(ii), the Commission must have regard to —
(a)the need for excluding, so far as is practicable, information the disclosure of which would in its opinion be contrary to the public interest;
(b)the need for excluding, so far as is practicable —
(i)commercial information the disclosure of which would, or might, in its opinion, significantly harm the legitimate business interests of the undertaking to which it relates; or
(ii)information relating to the private affairs of an individual the disclosure of which would, or might, in its opinion, significantly harm the individual’s interest; and
(c)the extent to which the disclosure is necessary for the purposes for which the Commission is proposing to make the disclosure.
(7)  The conditions referred to in subsection (5)(b)(iv) are —
(a)the information or documents requested by the foreign country are available to the Commission;
(b)unless the Government otherwise allows, the foreign country undertakes to keep the information given confidential at all times; and
(c)the disclosure of the information is not likely to be contrary to the public interest.
(8)  In this section, “specified person” means a person who is or has been —
(a)a member, an officer, an employee or an agent of the Commission;
(b)a member of a committee of the Commission or any person authorised, appointed or employed to assist the Commission;
(c)an inspector or a person authorised, appointed or employed to assist an inspector; or
(d)a member of the Board or any person authorised, appointed or employed to assist the Board.