The Register of People with Significant Control Regulations 2016

6.  The credit reference agency—

(a) is carrying on in the United Kingdom or in another EEA State 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 information within section 790ZF(2) of the Act disclosed to that agency; and

(ii) for the purposes of ensuring that it complies with its obligations under the Data Protection Act 1998(1), or, where the agency carries on business in an EEA State other than the United Kingdom, with its obligations under legislation implementing Directive 95/46/EC(2) of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data; and

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

(i) section 1112 of the Act (general false statement offence);

(ii) section 2 of the Fraud Act 2006(3) (fraud by false representation); or

(iii) section 47 of the Data Protection Act 1998 (failure to comply with enforcement notice) in circumstances where it has used the information within section 790ZF(2) of the Act for purposes other than those described in sub-paragraphs (a) to (e) of paragraph 8.

(1)

1998 c.29.

(2)

OJ No L 281, 23.11.1995 p.31.

(3)

2006 c.35.