Section 59 — BIOSAFETY ACT 2007

(2)

The Director General may grant confidentiality based on the criteria in subsection (3) and where confidentiality is granted such information shall not be made public.

(3)

The Director General shall consider the claim for confidentiality according to the following criteria:

(a)

that the information is not known generally among, or readily accessible to, any person within the circle that normally deals with the kind of information sought to be made confidential;

(b)

that the information has commercial value because it is secret; and

(c)

that reasonable steps have been taken to keep the information secret.

(4)

Except for the purposes of this Act or for the purposes of any civil or criminal proceedings under any written law or where otherwise authorized by the Director General, as the case may be—

(a)

no member of the Board or Advisory Committee, or any of its committees or subcommittees, as the case may be;

52 Laws of Malaysia ACT 678

(b)

no person attending any meeting of the Board or

Advisory Committee, or any of its committees or subcommittees, as the case may be; or

(c)

the Director General and any officer appointed under subsection 8(1), whether during his tenure of office or during his employment or thereafter, shall disclose any information obtained by him in the course of his duties for which confidentially has been granted under subsection (3).

(5)

Any person who contravenes subsection (4) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one month or to both.

Public disclosure