SCHEDULES
SCHEDULE 2Exemptions etc from the GDPR
PART 2Restrictions based on Article 23(1): restrictions of rules in Articles 13 to 21 and 34
Regulatory functions of certain other persons
I111
The listed GDPR provisions do not apply to personal data processed for the purposes of discharging a function that—
a
is a function of a person described in column 1 of the Table, and
b
is conferred on that person as described 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.
Person on whom function is conferred | How function is conferred |
---|---|
1. The Commissioner. | By or under—
|
2. The Scottish Information Commissioner. | By or under—
|
3. The Pensions Ombudsman. | By or under Part 10 of the Pension Schemes Act 1993 or any corresponding legislation having equivalent effect in Northern Ireland. |
4. The Board of the Pension Protection Fund. | By or under sections 206 to 208 of the Pensions Act 2004 or any corresponding legislation having equivalent effect in Northern Ireland. |
5. The Ombudsman for the Board of the Pension Protection Fund. | By or under any of sections 209 to 218 or 286(1) of the Pensions Act 2004 or any corresponding legislation having equivalent effect in Northern Ireland. |
6. The Pensions Regulator. | By an enactment. |
7. The Financial Conduct Authority. | By or under the Financial Services and Markets Act 2000 or by another enactment. |
8. The Financial Ombudsman. | By or under Part 16 of the Financial Services and Markets Act 2000. |
9. The investigator of complaints against the financial regulators. | By or under Part 6 of the Financial Services Act 2012. |
10. A consumer protection enforcer, other than the Competition and Markets Authority. | By or under the CPC Regulation. |
11. The monitoring officer of a relevant authority. | By or under the Local Government and Housing Act 1989. |
12. The monitoring officer of a relevant Welsh authority. | By or under the Local Government Act 2000. |
13. The Public Services Ombudsman for Wales. | By or under the Local Government Act 2000. |
14. The Charity Commission. | By or under—
|
I212
In the Table in paragraph 11—
“consumer protection enforcer” has the same meaning as “CPC enforcer” in section 213(5A) of the Enterprise Act 2002;
the “CPC Regulation” has the meaning given in section 235A of the Enterprise Act 2002;
the “Financial Ombudsman” means the scheme operator within the meaning of Part 16 of the Financial Services and Markets Act 2000 (see section 225 of that Act);
the “investigator of complaints against the financial regulators” means the person appointed under section 84(1)(b) of the Financial Services Act 2012;
“relevant authority” has the same meaning as in section 5 of the Local Government and Housing Act 1989, and “monitoring officer”, in relation to such an authority, means a person designated as such under that section;
“relevant Welsh authority” has the same meaning as “relevant authority” in section 49(6) of the Local Government Act 2000, and “monitoring officer”, in relation to such an authority, has the same meaning as in Part 3 of that Act.