Malaysia legislation
Section 70
Section 70
(a)
which the customer, or his personal representative, has given permission in writing to be disclosed;
(b)
in a case where the customer is declared bankrupt, or, if the customer is a corporation, the corporation is being or has been wound up, in Malaysia or in any country, territory or place outside Malaysia;
(c)
where the information is required by a party to a bona fide commercial transaction, or to a prospective bona fide commercial transaction, to which the customer is also a party, to assess the creditworthiness of the customer relating to such transaction, provided that the information required is of a general nature and does not enable the details of the customer’s account or affairs to be ascertained;
(d)
for the purposes of any criminal proceedings or in respect of any civil proceedings—
(i)
between the Bank and its customer or his guarantor relating to the customer’s transaction with the Bank;
or
(ii)
between the Bank and two or more parties making adverse claims to money in a customer’s account where the Bank seeks relief by way of interpleader;
(e)
where the Bank has been served a garnishee order attaching moneys in the account of the customer;
(f)
to an agent appointed by the Bank with the prior written consent of the Minister;
(g)
where such disclosure is required or authorized under any other provision of this Act;
(h)
where such disclosure is authorized under any Federal law to be made to a police officer investigating into any offence under such law and such disclosure to the police officer being, in any case, limited to the accounts and affairs of the person suspected of the offence; or
(i)
where such disclosure is authorized in writing by the
Minister.
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(2)
In any civil proceedings under paragraph (1)(b) or (1)(d)
where any information or document is likely to be disclosed in relation to a customer’s account, such proceedings may, if the court, of its own motion, or on the application of a party to the proceedings, so orders, be held in camera and in such case, the information or document shall be secret as between the court and the parties thereto, and no such party shall disclose such information or document to any other person.
(3)
Unless the court otherwise orders, no person shall publish the name, address or photograph of any parties to such civil proceedings as are referred to in subsection (2), or any information likely to lead to the identification of the parties thereto, either during the currency of the proceedings or at any time after they have been concluded.
(4)
Any person who fails to comply with subsection (2) or (3)
shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three million ringgit or to imprisonment for a term not exceeding three years or to both.
Disclosure under Banker’s Books (Evidence) Act 1949 71.
Nothing in this Part shall limit any powers conferred upon the High Court or a judge thereof by the Banker’s Books (Evidence)
Act 1949 [Act 33] or to prohibit obedience to an order made under that Act.