WHEN IS IT PERMISSIBLE TO BREACH CONFIDENTIALITY OBLIGATIONS IN THE PUBLIC INTEREST?

On 9th August, Mayer Brown published an article concerned with the recent High Court case of Saab v Dangate Consulting Ltd and others.  This involved the question of whether private investigators appointed to conduct an internal investigation at a bank, had breached their confidentiality obligations by disclosing material from their investigation to regulators.  The defendants had asserted a public interest defence, contending that this was stronger that the duty of confidentiality (itself a form of public interest argument and potential defence in some circumstances).  The case involved investigations into the FBME Bank on behalf of the Central Bank of Cyprus, and disclosures made to FinCEN and other law enforcement agencies.  The High Court laid out the basics of a public interest defence, and it also said that the defendants needed to show that they were under a legal duty to disclose information.  In this particular case the Court found against the defendants.

https://www.mayerbrown.com/en/perspectives-events/publications/2019/08/when-is-it-permissible-to-breach-confidentiality-obligations-in-the-public-interest

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Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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