Search Legislation

The Energy Performance of Buildings (England and Wales) Regulations 2012

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART 2

The conditions are—

1.  The authorised recipient is, until the data is deleted from the authorised recipient’s records and systems (so that the personal data is no longer accessible by any means by the authorised recipient), a data controller within the meaning of section 1(1) of the Data Protection Act 1998(1) in relation to the information disclosed.

2.  The authorised recipient must not—

(a)disclose any personal data contained in or derived from data disclosed to it under regulation 31 to any other person without the consent of the person who is the subject of the data;

(b)use such personal data in order to contact an individual for the purpose of marketing or promoting products or services which do not relate to energy efficiency.

3.  The authorised recipient must not make contact with any person (“the subject”) whose identity or contact details (or both) have become known to the authorised recipient from data disclosed to the authorised recipient under regulation 31 unless—

(a)the authorised recipient advises the subject, at the time contact is first made, that—

(i)their identity or contact details (or both) have been obtained from the keeper of the register under that regulation, and

(ii)the subject is entitled to refuse to receive any further communications from the authorised recipient; and

(b)the first contact with the subject is made by means of written communication (including electronic communication) only.

4.  The authorised recipient must not make further contact with a person if the person has informed the authorised recipient that they do not wish to receive any further communications from the authorised recipient.

5.  In paragraphs 6 and 7, “the subject” means a person whose identity or contact details (or both) have become known to the authorised recipient from data disclosed to it under regulation 31.

6.  If the authorised recipient has on three separate occasions made contact with the subject and received no response from the subject within fourteen days of the third contact, the authorised recipient—

(a)must not attempt to contact the subject again; and

(b)must, as soon as reasonably practicable (and in any event within fourteen days of the receipt of a request made by or on behalf of the subject to do so), delete any personal data contained in or derived from data disclosed to the authorised recipient under regulation 31 from its records and systems (so that the personal data is no longer accessible by any means to the authorised recipient).

7.  The authorised recipient must, as soon as reasonably practicable (and in any event within fourteen days of the receipt of a request made by or on behalf of the subject), delete any personal data contained in or derived from data disclosed to the authorised recipient under regulation 31 from its records and systems (so that the personal data is no longer accessible by any means by the authorised recipient) if the subject requests the authorised recipient to do so.

8.  The authorised recipient must ensure that its officers and employees comply with the conditions in paragraphs 1 to 7 of this Part.

(1)

1998 c.29. Section 1(1) was amended by section 68 of and Schedule 8 to the Freedom of Information Act 2000 (c.36), and by S.I. 2004/3089. There are other amendments to section 1 of the Data Protection Act 1998 which are not relevant to these Regulations.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources