Revised Laws of Saint Lucia (2023)

48.   Confidentiality

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    (1)   Any information obtained by the Central Bank as a result of an inspection under this Act is not available for access to any person except —

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      (a)     directors, officers or employees of the Central Bank whose responsibilities require or allow them to have access to the information; or

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      (b)     such persons as authorized, in writing, by the Central Bank to have access to the information.

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    (2)   Unless authorized by this Act or by any other law or with the consent of the data subject to whom any information relates, no authorized person or director, officer or employee of the Central Bank shall —

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      (a)     communicate or allow to be communicated any information obtained under this Act to any person who is not legally entitled to the information; or

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      (b)     allow any person referred to in paragraph (a) to have access to such information.

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    (3)   Notwithstanding subsections (1) and (2), the Central Bank may authorize the release of, or access to, the information mentioned in those subsections to or by any person employed by a government agency, regulatory authority, law enforcement agency or investigative body inside or outside Saint Lucia if —

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      (a)     the information is to be used solely for the purpose of administering or enforcing an enactment or other law of Saint Lucia or of a foreign country; or

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      (b)     the release, inspection or access is —

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        (i)     in accordance with an agreement made under section 47, or

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        (ii)     in the public interest.

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    (4)   A person who is given or permitted access to information under this section is not compellable to give evidence concerning that information unless —

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      (a)     the data subject to whom the information relates consents; or

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      (b)     a court, on an application, orders the evidence to be given.

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    (5)   On an application for an order under subsection (4)(b) —

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      (a)     the Central Bank and the person to whom the information relates are entitled to appear before the court and to make submissions; and

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      (b)     the person seeking the order to compel the giving of the evidence must prove to the satisfaction of the court that it is in the public interest to make the order.

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    (6)   In this section, “authorized” means authorized by the Central Bank to inspect, or to have access to, information obtained by the Central Bank as a result of an inspection under this Act.