Non-bank Deposit Takers Act 2013

54 Confidentiality of information

(1)

This section applies to—

(a)

information supplied or disclosed to, or obtained by,—

(i)

the Bank, under or for the purposes of, or in connection with, the exercise of powers conferred by this Act; and

(ii)

any person appointed by the Bank under section 51(1)(b) to enter and search a place under warrant:

(b)

information derived from, or based on, information referred to in paragraph (a):

(c)

information relating to the exercise, or possible exercise, of the powers conferred by this Act.

(2)

The Bank, any employee of the Bank, and any person appointed by the Bank under section 51(1)(b) may publish or disclose information to which this section applies only—

(a)

with the consent of the person to whom the information relates; or

(b)

in statistical or summary form, arranged in a manner that prevents any information published or disclosed from being identified by any person as relating to a particular person; or

(c)

to the extent that the information is available to the public under any Act (other than the Official Information Act 1982) or in a public document; or

(d)

for the purposes of this Act or in connection with the exercise of powers under this Act; or

(e)

in connection with any proceedings for an offence against this Act; or

(f)

to the Registrar of the Companies Office or the Financial Markets Authority; or

(g)

to a trustee of the NBDT to whom the information relates; or

(h)

to any person who the Bank is satisfied has a proper interest in receiving the information.

(3)

A person to whom information to which this section applies is published or disclosed under subsection (2)(d) must not publish, disclose, or use the information except—

(a)

for the purposes of this Act or in connection with the exercise of powers conferred by this Act; or

(b)

in accordance with any conditions that may be specified by the Bank.

(4)

Information to which this section applies must not be published or disclosed under subsection (2)(g) or (h) unless the Bank is satisfied that satisfactory provision exists to protect the confidentiality of the information published or disclosed.

(5)

A person to whom information to which this section applies is disclosed under subsection (2)(f), (g), or (h) must not publish, disclose, or use the information unless the publication, disclosure, or use is—

(a)

authorised by the Bank; or

(b)

necessary or desirable in connection with the exercise of any function or power conferred by any enactment.

(6)

A person who breaches this section commits an offence and is liable on conviction to a level 2 penalty.

Compare: 1989 No 157 ss 105(2), 157ZO, 157ZP