Section 40
Confidentiality
Any person who discloses or makes use of any confidential information with respect to a particular person, including a licensee, or the affairs of an individual obtained by virtue of any provision of this Enactment commits an offence and shall, on conviction, be liable —
(a)
to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both, and for a second or subsequent offence, to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding five years or to both; or
(b)
if such person is a body corporate, to a fine not exceeding one million ringgit, and for a second or subsequent offence, to a fine not exceeding five million ringgit.
(2)
Nothing in subsection (1) shall operate to prevent the disclosure of information where —
(a)
the disclosure is made with the consent of the person from whom the information was obtained;
(b)
the disclosure is necessary for the performance of the functions or powers of the
Commission; or
(c)
the disclosure is made in connection with an investigation of an infringement or an offence under this Enactment.
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(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.