When carrying out its regulatory functions, the
DFSAmust maintain confidentiality of information, unless disclosure is expressly sanctioned by Article 38. The DFSA'sPolicy Statement with respect to Confidential Regulatory Information outlines its policy in respect of the treatment of information and documents.
DFSAmay also impose obligations of confidentiality in respect of information and documents provided during the exercise of its powers under Article 80(1).
DFSAcan make directions20 to protect the confidentiality of information and documents which are part of a compulsory interview.
20 Article 80(3)(b).
DFSAcan direct the recipient of an Article 80(1) (b), (c), (d) or (e) notice not to disclose the receipt of the notice, or any information relating to compliance with it, to any other Person, other than his legal representative, if it considers that such disclosure may hinder an investigation21.
21 Article 80A(6).
Confidentiality directions are made to ensure that an investigation is not prejudiced by the disclosure of the nature of the information sought or the questions asked during an investigation. In each case, the
DFSAneeds to consider whether or not such directions are appropriate in the circumstances of that matter.