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Confidentiality and Data Protection in Financial Services Regulatory Commission Act

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The Financial Services Regulatory Commission Act of Saint Christopher and Nevis (also known as Antigua and Barbuda) emphasizes the importance of maintaining confidentiality when handling information. The key points related to confidentiality and data protection are outlined below.

Ensuring Confidentiality

Before disclosing any information to a regulatory authority, the Commission must ensure that:

• The regulatory authority undertakes to preserve the confidentiality of the information.
• The assistance requested by the regulatory authority is required for their regulatory functions.
• The information will not be used in criminal proceedings against the person providing the information (except for perjury).

Protection from Liability

Section 17 provides protection from liability for Commissioners, officers, and employees who act in good faith while exercising their powers under the Act.

Conflict of Interest and Abstention from Voting

Section 18 outlines procedures for dealing with conflicts of interest:

• A Commissioner must declare any interest in a matter before the Commission.
• If the Commissioner’s interest is material, they must leave the meeting when the matter comes up for discussion.
• The Commissioner cannot vote on matters where they have a conflict of interest or seek to influence other Commissioners’ votes.

Miscellaneous

Section 19 outlines that appointments are made for a period not exceeding three years, with options for reappointment and staggering of appointments.