(1) A member of the Board and an employee of the Agency is required to take an oath or affirmation of secrecy as set out in Schedule 2.
(2) Subject to subsection (3), a member of the Board or an employee of the Agency —
(a) shall preserve the confidentiality with respect to matters coming to his or her knowledge in the performance of his or her duties;
(b) shall not disclose to another person information that a member of the Board or employee has acquired in the course of his or her duties or in the exercise of the Agency's functions under this Act or any other law, relating to —
(i) the business affairs of the Agency,
(ii) the affairs of a business, partnership business, an employee or a member of a Board;
(c) shall not permit a person to have access to records in the possession, custody or control of the Agency.
(3) Subsection (2) does not apply to disclosure —
(a) in respect of the affairs of a member of the Board, a business or a partnership business, with the consent of the member of the Board, a business or a partnership business, which consent has been given voluntarily;
(b) for the purpose of enabling or assisting the Agency in exercising a function conferred on it under this Act or any other law;
(c) if the information disclosed is or has been available to the public from another source;
(d) if the information disclosed is in a summary or in statistics expressed in a manner that does not enable the identity of a business, partnership business or member of the Board, to which the information relates, to be ascertained;
(e) lawfully made to a person with a view to the institution of, or for the purpose of —
(i) criminal proceedings,
(ii) disciplinary proceedings relating to the discharge of duties by a member of the Board or employee of the Agency, or
(iii) legal proceedings pursuant to a court order.
(4) Where an employee of the Agency or a member of the Board contravenes subsection (2) —
(a) in the case of an employee of the Agency, his of her employment may be terminated;
(b) in the case of a member of the Board, his or her appointment may be revoked under section 18.