Supporting People who Speak Out

Malaysia – Standards – Followup – Confidentiality

Malaysia – Standards – Followup – Confidentiality

2. “confidential information” includes-

(a) information about the identity, occupation, residential address, work address or whereabouts of-

(i) a whistleblower; and

(ii) a person against whom a whistleblower has made a disclosure of improper conduct;

(b) information disclosed by a whistleblower; and

(c) information that, if disclosed, may cause detriment to any person;

8. (1) Any person who makes or receives a disclosure of improper conduct or obtain confidential information in the course of investigation into such disclosure shall not disclose the confidential information or any part thereof.

(2) Subject to subsection (3), confidential information shall not be disclosed or be ordered or required to be disclosed in any civil, criminal or other proceedings in any court, tribunal or other authority.

(3) If any books, documents or papers which are in evidence or liable to inspection in any civil, criminal or other proceedings in any court, tribunal or other authority whatsoever contain any entry in which any whistleblower is named or described or which might lead to his discovery, the court, tribunal or other authority before which the proceeding is had shall cause all such passages to be concealed from view or to be obliterated so far as is necessary to protect the whistleblower from discovery, but no further.

(4) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding ten years or to both.

Referenced Legislation: Whistleblower Protection Act (2010)

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