SCHEDULE 2CONDITIONS FOR PERMITTED DISCLOSURE

PART 2 DISCLOSURE TO CREDIT REFERENCE AGENCY

6.— [F1(1)]  The credit reference agency—

(a)is carrying on in the United Kingdom F2... 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 protected information disclosed to that agency; and

(ii)for the purposes of ensuring that it complies with its [F3obligations 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—

(i)[F4section 1112 (false statements: basic offence) or section 1112A (false statements: aggravated offence)] of the Companies Act 2006 or section 2 of the Fraud Act 2006 M1 (fraud by false representation);F5...

(ii)section 47 (failure to comply with enforcement notice) of the Data Protection Act 1998 in circumstances where it has used the protected information for purposes other than those described in sub-paragraphs (a) to (e) of paragraph 7 below[F6; or ]

[F6(ii)for the purposes of ensuring that it complies with its data protection obligations;]

[F7(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.]

F8(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sch. 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. 340(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Marginal Citations