PART VI - POWERS OF SUPERVISION AND CONTROL OVER ISLAMIC BANKS.
Section 34. Banking secrecy.
(1) Except as provided in sections 31 and 32, nothing in this Act shall authorize the Minister to direct the Central Bank, or shall authorize the Central Bank, to enquire specifically into the affairs of any individual customer of any Islamic bank and any incidental information relating to the affairs of the individual customer obtained by the Central Bank in the course of an inspection or investigation made by the Central Bank under the provisions of this Act shall be secret between the Central Bank and that bank.
(2) Nothing in this section shall be deemed to limit any power conferred upon the High Court or a Judge thereof by the Bankers' Books (Evidence) Act 1949 [Act 33] or to prohibit obedience to an order made under that Act.
(3) Except with the consent of the Central Bank in writing and to the extent specified therein, no officer of any Islamic bank and no person who by reason of his capacity or office has by any means access to the records of that bank, registers or any correspondence or material with regard to the account of any individual customer of that bank shall give, divulge or reveal any information whatsoever regarding the moneys or other relevant particulars of the account of the customer unless-
(a) the customer or his personal representative gives his permission so to do;
(b) the customer is declared bankrupt; or
(c) the information is required to assess the creditworthiness of the customer relating to a bona fide commercial transaction or a prospective commercial transaction.
(4) Subsection (3) shall not apply to the disclosure of information or document to—
(a) any director, officer, employee or agent of the Malaysia Deposit Insurance Corporation (hereinafter in this paragraph referred to as "the Corporation") established under the Malaysia Deposit Insurance Corporation Act 2005 where such disclosure is for the purpose of the exercise of powers, the performance of functions or the discharge of duties of the Corporation or of the directors, officers, employees or agents of the Corporation under that Act; or
(b) auditors appointed under section 17, officers and employees of the bank who are resident in Malaysia.
[Subs. Act A1255:s.7]
(5) Any person who acts in contravention of the provisions of this section shall be guilty of an offence and shall on conviction be liable to a fine not exceeding forty thousand ringgit or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.