xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Regulations 2 and 3

SCHEDULE 2U.K.CONDITIONS FOR PERMITTED DISCLOSURE

PART 1 U.K.Disclosure to specified public authorities

1.  Paragraphs 2 and 3 set out the conditions specified for the disclosure of restricted DOB information by the registrar to a specified public authority.U.K.

2.  The specified public authority has delivered to the registrar a statement that it intends to use the restricted DOB information only for the purpose of facilitating the carrying out by that specified public authority of a public function.U.K.

3.  Subject to paragraph 4, the specified public authority (“the authority”) has delivered to the registrar a statement that it will, where it supplies a copy of the restricted DOB information to a processor for the purpose of processing the information for use in respect of facilitating the carrying out of a public function by that authority—U.K.

(a)ensure that the processor is one who carries on business in the European Economic Area [F1or in the United Kingdom];

(b)require that the information is not transmitted outside the [F2area comprising the United Kingdom and the European Economic Area] by the processor; and

(c)require that the processor does not disclose the information except to the authority or an employee of the authority.

Textual Amendments

4.  Paragraph 3 does not apply where the specified public authority is the [F3National Crime Agency,] Secret Intelligence Service, Security Service or Government Communications Headquarters.U.K.

Textual Amendments

PART 2 U.K.Disclosure to a credit reference agency

5.  Paragraphs 6 to 10 set out the conditions specified for the disclosure of [F4relevant date of birth information] by the registrar to a credit reference agency.U.K.

Textual Amendments

6.—[F5(1)] The credit reference agency—U.K.

(a)is carrying on in the United Kingdom F6... a business comprising the furnishing of information relevant to the financial standing of individuals, being information collected by the agency for that purpose;

(b)maintains appropriate procedures—

(i)to ensure that an independent person can investigate and audit the measures maintained by the agency for the purposes of ensuring the security of any [F7relevant date of birth information] disclosed to that agency; and

[F8(ii)for the purposes of ensuring that it complies with its [F9obligations under the data protection legislation (as defined in section 3 of the Data Protection Act 2018)];]

(c)has not been found guilty of an offence under—

[F10(i)section 1112 (false statements: basic offence) or section 1112A (false statements: aggravated offence) of the Act or section 2 of the Fraud Act 2006 (fraud by false representation);]

(ii)section 47 (failure to comply with enforcement notice) of the Data Protection Act 1998 in circumstances where it has used the [F11relevant date of birth information] for purposes other than those described in sub-paragraphs (a) to (e) of paragraph 7 below [F12; or

(iii)section 144 of the Data Protection Act 2018 (false statements made in response to an information notice) or section 148 of that Act (destroying or falsifying information and documents etc);]

[F13(d)has not been given a penalty notice under section 155 of the Data Protection Act 2018 in circumstances described in paragraph (c)(ii), other than a penalty notice that has been cancelled.]

F14(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 2 para. 6(1): Sch. 2 para. 6 renumbered as Sch. 2 para. 6(1) (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 384(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F8Sch. 2 para. 6(1)(b)(ii) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 384(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F12Sch. 2 para. 6(1)(c)(iii) and preceding word inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 384(4)(b) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

7.  The credit reference agency has delivered to the registrar a statement that it intends to use the [F15relevant date of birth information] only for the purposes of—U.K.

(a)providing an assessment of the financial standing of a person;

(b)meeting any obligations contained in [F16the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017] or any rules made pursuant to section 137A of the Financial Services and Markets Act 2000 M1 which relate to the prevention and detection of money laundering in connection with the carrying on of regulated activities by authorised persons F17...;

(c)conducting conflict of interest checks required or made necessary by any enactment;

(d)the provision of [F15relevant date of birth information] to—

[F18(i)a person to whom the registrar could disclose information under section 1110F (disclosure by the registrar) of the Act; or]

(ii)a credit reference agency which has satisfied the requirements of this Part of this Schedule; or

(e)conducting checks for the prevention and detection of crime and fraud.

Textual Amendments

Marginal Citations

M1Section 137A was inserted by section 24 of the Financial Services Act 2012 c. 21.

8.  The credit reference agency has delivered to the registrar a statement that it intends to take delivery of and to use the [F19relevant date of birth information] only in the United Kingdom F20....U.K.

Textual Amendments

9.  The credit reference agency has delivered to the registrar a statement that it will, where it supplies a copy of the [F21relevant date of birth information] to a processor for the purpose of processing the information for use in respect of the purposes referred to in paragraph 7—U.K.

(a)ensure that the processor is one who carries on business in the [F22United Kingdom];

(b)require that the information is not transmitted outside the [F23United Kingdom] by the processor; and

(c)require that the processor does not disclose the information except to the credit reference agency or an employee of the credit reference agency.

Textual Amendments

10.  The credit reference agency has delivered to the registrar a statement that it meets the conditions in paragraph 6 above.U.K.

PART 3 U.K.Interpretation of this Schedule

11.—(1) In this Schedule—U.K.

“processor” means any person who provides a service which consists of putting information into data form or processing information in data form and any reference to a processor includes a reference to its employees; and

“public function” includes—

(a)

any function conferred by or in accordance with any provision contained in any enactment;

(b)

F24...

(c)

any similar function conferred on persons by or under provisions having effect as part of the law of a country or territory outside the United Kingdom; and

(d)

any function exercisable in relation to the investigation of any criminal offence or for the purpose of any criminal proceedings.

(2) In this Schedule any reference to—

(a)an employee of any person who has access to [F25relevant date of birth information] shall be deemed to include any person working or providing services for the purposes of that person or employed by or on behalf of, or working for, any person who is so working or who is supplying such a service; and

(b)the disclosure for the purpose of facilitating the carrying out of a public function includes disclosure in relation to, and for the purpose of, any proceedings whether civil, criminal or disciplinary in which the specified public authority engages while carrying out its public functions.

Textual Amendments