Professional secrecy and discretion
Irrespective of the rules set out in the Criminal Code regarding professional secrecy, civil servants and other Government officials are bound by an obligation of professional discretion regarding all facts and information of which they have knowledge through performing or in connection with performing their duties.
Any misappropriation or any communication in violation of the regulations of official information or documents to third parties is strictly prohibited.
Gifts and benefits
civil servants and other Government officials may not solicit gifts in the performance of their duties. They may not accept gifts which are likely to:
- Influence the impartiality with which they are obliged to discharge their public service function
- Constitute a reward or compensation for services performed as part of their duties. However, on the occasion of traditional events, such as Christmas and New Year celebrations, civil servants may receive ordinary gifts given out of courtesy or hospitality
If a civil servant and other Government official receives an inappropriate gift, they have a duty to inform a superior as soon as possible.
Civil servants and other Government officials may not take advantage of their position to organise collections or activities with a view to raising funds or donations of any kind.
Conflicts of interest
It is the responsibility of civil servants and other Government officials to avoid any real or potential conflict of interest.
Civil servants and other Government officials are considered to have a conflict of interest where they have a direct or indirect private interest which is likely to influence or to appear to influence the impartial and objective performance of their public service duties.
Civil servants and other Government officials are obliged to declare any real or potential conflict of interest to their superiors. Moreover, it is forbidden for any civil servant and other Government official to engage, on a professional basis, in a profitable activity, unless they have been granted a dispensation by the Minister of State.
The Government has a duty to protect civil servants and other Government officials from threats, insults, abuse, defamation or attacks of any kind that they may be subject to in the performance of their duties, and, if need be, to make good the damage suffered.
Any offence committed by a civil servant and other Government official in the performance of or in connection with the performance of their duties will result in them facing a disciplinary sanction, without prejudice, where necessary, to any penalties imposed by the law.