Cap. 373 чл. 34Confidentialityand permissible disclosure of information.

(1)The Unit, and its officers, employees and agents, whether still in service of the Unit or not, shall treat any information and documents acquired in the performance of their duties or the exercise of their functions under this Act as confidential, and shall not disclose any information or document relating to the affairs of the Unit or of any person, which they have acquired in the performance of their duties or the exercise of their functions under this Act except:

(a) when authorised to do so under any of the provisions of this Act;

(b) for the purpose of the performance of their duties or the exercise of their functions under this Act;

(c) to any competent court or tribunal in any appeal proceedings instituted in accordance with the provisions of article 13A, or in proceedings to which the Unit is a party for the purpose of the enforcement of any penalty imposed by the Unit under this Act; and

(d) in the form of an aggregation of data or other statistical information, which in the opinion of the Unit does not lead to the identification of any specific person and which does not prejudice any analysis or investigation.

(2) Without prejudice to the provisions of article 27A, the Unit shall not be obliged to provide any information or disclose any documents, and may refuse to do so if:

(a) such information or document was received by the Unit in carrying out its functions under article 16(1)(a), (b) and (k); or

(b) there are reasonable grounds to consider that such disclosure could impede an inquiry, investigation or any other proceeding in course in Malta; or

(c) providing such information or disclosing such document may, in the opinion of the Unit, prejudice any analysis; or

(d) due to exceptional circumstances, such disclosure would be clearly disproportionate to the legitimate interests of Malta or of a natural or legal person; or

(e) such disclosure would not be in accordance with fundamental principles of Maltese law; or

(f) such disclosure would be irrelevant with regard to the purpose for which it has been requested: Provided that any refusal under this sub-article shall be clearly explained to the body or authority requesting the disclosure of the document or information.

(3) The Unit may also disclose any information or document referred to in sub-article (1) to any authority in or outside Malta carrying out a criminal investigation into any act or omission committed in Malta and which constitutes, or if committed outside Malta would in corresponding circumstances constitute:

(a) any of the offences referred to in article

22(2)(a)(1) of the Dangerous Drugs Ordinance; or

(b) any of the offences referred to in article 120A(2)(a)(1) of the Medical and Kindred Professions

Ordinance; or

(c) any offence of money laundering within the meaning of this Act; or

(d) any offence of funding of terrorism:

Provided that when disclosing any information or document in the circumstances referred to in this sub-article, the Unit may also disclose any information or document related to the underlying criminal activity.

(4) Notwithstanding any other provision of this Act or any other law, any information or document disclosed by the Unit in terms of sub-article (3) shall be considered as secret and shall:

(a) be used only for the purposes of the investigation being carried out and no other use thereof shall be made nor shall it be disclosed or disseminated to any other person or authority without the prior express consent of the Unit: Provided such further use, disclosure or dissemination is strictly necessary for the purpose of the investigation being carried out and the provisions of this sub-article shall also apply to such further use, disclosure or dissemination;

(b) be considered as intelligence for the purposes of assisting the investigation being carried out, and shall not be considered as evidence nor used as such in any proceedings, whether judicial or otherwise, which may be instituted as a result of any such investigation;

(c) not be provided under oath;

(d) be recorded, held and archived separately from the acts of the investigation or any and shall be procès verbal sealed in such manner so as to ensure its confidentiality and secrecy;

(e) not form part of any published report or findings resulting from the investigation; and

(f) under no circumstance be made public.