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National Payment System Act, 1998 (Act No. 78 of 1998)

10. Information



1) The Reserve Bank has access to any information relating to a payment system and the Reserve Bank settlement system, and any person must on request provide such information to the Reserve Bank in such form and at such times as the Reserve Bank may require.


2) Subject to subsection (3), any information-
a) obtained by the Reserve Bank in terms of subsection (1); and
b) identifying a specific clearing system participant or Reserve Bank settlement system participant,

is confidential and may not be disclosed by any director or officer of the Reserve Bank to any person, except to an officer of the Reserve Bank who requires that information for purposes of the execution of his or her duties in terms of this Act, the South African Reserve Bank Act, the Banks Act, the Co-operative Banks Act or the Mutual Banks Act.


3) Despite subsection (2) of this section and section 33 of the South African Reserve Bank Act, the Reserve Bank may disclose information-
a) in the course of performing functions under any law;
b) for the purpose of legal proceedings;
c) when required to do so by a court;
d) if in the opinion of the Reserve Bank, disclosure is in the public interest, or
e) that is already publicly available.


4) A person that contravenes the provisions of subsection (2) is guilty of an offence.