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The Confidential Relationships (Preservation) Law (“the CRPL”)

This is sometimes referred to as the “Secrecy Law” – which is something of a misnomer because while the CRPL criminalizes the unauthorized disclosure of confidential information of the kind which professionals would be obliged to protect; it also legislates gateways through which information may be obtained by the local police on behalf of the police of any other country where information is needed for the investigation or prosecution of serious crime. 4

Such requests are fairly frequently and routinely received through Interpol. The CRPL also provides that any one who is required to give into evidence information which is defined as confidential under the Law, may apply to the Court for directions allowing him to do so. 5

So, for instance, if a Cayman professional were to be subpoenaed by the Court of a foreign country to give evidence there in criminal proceedings, the professional may apply for directions whether or not to do so and if so, on what, if any, conditions. 6

The Law provides the Cayman Court with the widest discretion in such cases, requiring only that the giving of the evidence be before a Court or tribunal and that it be shown to be in the “interests of justice”. Those interests have been declared by the Courts to include the enforcement of the criminal laws of any country of the world. 7

Forfeiting the Proceeds of Corruption | The Proceeds of Criminal Conduct Law (“The  PCCL”)

4. Section 3(2)(b)(iii) which provides that:
“This Law has no application to the making, developing, or obtaining of confidential information
By or to
a constable of the rank of Inspector or above, specifically authorized by the Governor in that behalf, investigating an offence committed or alleged to have been committed outside the Islands which offence, if committed in the Islands, would be an offence against its laws;”

5. See Section 4.

6. These may include, if information about the affairs of innocent third parties is involved, a requirement that the identities of those third parties are protected, even while the information relevant to the crime is disclosed: See In Re Ansbacher 2001 CILR 214, in which it was confirmed that Cayman Islands public policy, as codified in the Law, permitted disclosure in the interests of criminal law enforcement and the administration of justice. This was in response to a request from the Irish High Court investigating irregularities in the banking systems of the Republic of Ireland including allegations of official corruption involving a former Prime Minister.

7. See In Re Ansbacher ibid pp 236-237.