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Data Protection Act 2018

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This is the original version (as it was originally enacted).

Functions designed to protect the public etc

This section has no associated Explanatory Notes

7The listed GDPR provisions do not apply to personal data processed for the purposes of discharging a function that—

(a)is designed as described in column 1 of the Table, and

(b)meets the condition relating to the function specified in column 2 of the Table,

to the extent that the application of those provisions would be likely to prejudice the proper discharge of the function.

TABLE
Description of function designCondition

1. The function is designed to protect members of the public against—

(a)

financial loss due to dishonesty, malpractice or other seriously improper conduct by, or the unfitness or incompetence of, persons concerned in the provision of banking, insurance, investment or other financial services or in the management of bodies corporate, or

(b)

financial loss due to the conduct of discharged or undischarged bankrupts.

The function is—

(a)

conferred on a person by an enactment,

(b)

a function of the Crown, a Minister of the Crown or a government department, or

(c)

of a public nature, and is exercised in the public interest.

2. The function is designed to protect members of the public against—

(a)

dishonesty, malpractice or other seriously improper conduct, or

(b)

unfitness or incompetence.

The function is—

(a)

conferred on a person by an enactment,

(b)

a function of the Crown, a Minister of the Crown or a government department, or

(c)

of a public nature, and is exercised in the public interest.

3. The function is designed—

(a)

to protect charities or community interest companies against misconduct or mismanagement (whether by trustees, directors or other persons) in their administration,

(b)

to protect the property of charities or community interest companies from loss or misapplication, or

(c)

to recover the property of charities or community interest companies.

The function is—

(a)

conferred on a person by an enactment,

(b)

a function of the Crown, a Minister of the Crown or a government department, or

(c)

of a public nature, and is exercised in the public interest.

4. The function is designed—

(a)

to secure the health, safety and welfare of persons at work, or

(b)

to protect persons other than those at work against risk to health or safety arising out of or in connection with the action of persons at work.

The function is—

(a)

conferred on a person by an enactment,

(b)

a function of the Crown, a Minister of the Crown or a government department, or

(c)

of a public nature, and is exercised in the public interest.

5. The function is designed to protect members of the public against—

(a)

maladministration by public bodies,

(b)

failures in services provided by public bodies, or

(c)

a failure of a public body to provide a service which it is a function of the body to provide.

The function is conferred by any enactment on—

(a)

the Parliamentary Commissioner for Administration,

(b)

the Commissioner for Local Administration in England,

(c)

the Health Service Commissioner for England,

(d)

the Public Services Ombudsman for Wales,

(e)

the Northern Ireland Public Services Ombudsman,

(f)

the Prison Ombudsman for Northern Ireland, or

(g)

the Scottish Public Services Ombudsman.

6. The function is designed—

(a)

to protect members of the public against conduct which may adversely affect their interests by persons carrying on a business,

(b)

to regulate agreements or conduct which have as their object or effect the prevention, restriction or distortion of competition in connection with any commercial activity, or

(c)

to regulate conduct on the part of one or more undertakings which amounts to the abuse of a dominant position in a market.

The function is conferred on the Competition and Markets Authority by an enactment.

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