Malaysia legislation

Section 35

of *TRADE DESCRIPTIONS ACT 2011

Section 35

(2)

Nothing in subsection (1) shall operate to prevent the disclosure of information where—

Trade Descriptions 33

(a)

the disclosure is made with the consent of the person from whom the information or document was obtained;

(b)

the disclosure is made in circumstances where the information provided is framed in such a manner that the source of the information could not be ascertained;

(c)

the information is already in the public domain;

(d)

the disclosure is made to facilitate the performance of the functions or powers of the Controller, Deputy Controller or Assistant Controller;

(e)

the disclosure is reasonably made during any proceedings under this Act provided that such disclosure is not made against any direction by the Controller, Deputy

Controller or Assistant Controller before whom those proceedings are taking place; or

(f)

the disclosure is made in connection with the investigation of an offence under this Act.

(3)

For the purposes of this section, “confidential information”

means trade, business or industrial information that belongs to any person, that has economic value and is not generally available to or known by others.

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