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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Chapter Eleven : General

90. Confidentiality


(1) It is an offence for any person to disclose information which that person acquired while exercising or performing any power or duty in terms of this Act and which relates to the financial or business affairs of any other person, except if the information is disclosed in compliance with the provisions of any law—
(a) to enable a person to perform a function or exercise a power in terms of an employment law;
(b) for the purposes of the proper administration of this Act;
(c) for the purposes of the administration of justice.


(2) Subsection (1) does not prevent the disclosure of any information concerning an employer's compliance or non-compliance with the provisions of any employment law.


(3) The record of any medical examination performed in terms of this Act must be kept confidential and may be made available only—
(a) in accordance with the ethics of medical practice;
(b) if required by law or court order; or
(c) if the employee has in writing consented to the release of that information.