Section 99

The provisions of section 97 shall not apply to the disclosure of any information or document—

which the customer, or his personal representative, has given permission in writing to disclose;

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;

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;

/in the course of any civil proceedings—

between a licensed institution and its customer or his guarantor relating to the customer's transaction with the institution; or

where the information relates solely to credit facilities given by a branch of a licensed foreign bank and the information is required by its head office;

where such disclosure is required or authorised under any other provision of this Act; or

where the licensed institution has been served a garnishee order attaching monies in the account of the customer;

where such disclosure is authorised in writing by the Bank, or where such disclosure is authorised under any Federal law to be made to a police officer investigating into an offence specified in such law, such disclosure to the police officer being, in any case, limited to the account and affairs of the person suspected of the offence.

In any civil proceedings under subsection (1) (b) or (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.

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.