Crime and taxation

31.(1) Personal data processed for

(a) the prevention or detection of crime;

(b) the apprehension or prosecution of offenders; or

is exempt from section 4(1)(a), except to the extent to which it requires compliance with the conditions in section 6 and 9, and from section 10 in any case to the extent to which the application of those provisions to the data is likely to prejudice any of the matters mentioned in paragraphs (a) to (c).

(2) Personal data which

(a) is processed for the purpose of discharging statutory functions; and

(b) consist of information obtained for such a purpose from a person who had it in his possession for any of the purposes mentioned in subsection (1)(a) to (c)

is exempt from the subject information provisions to the same extent as personal data processed for any of the purposes mentioned in subsection (1)(a) to (c).

(3) Personal data is exempt from the non-disclosure provisions where

(a) the disclosure is for any of the purposes mentioned in subsection (1)(a) to (c); and

(b) the application of those provisions in relation to disclosure is likely to prejudice any of the matters mentioned in subsection (1)(a) to (c).

(4) Personal data in respect of which the data controller is a public authority and which

(a) consist of a classification applied to the data subject as a part of a system of risk assessment which is operated by the public authority for any of the following purposes:

(i) the assessment or collection of any tax, duty or other imposition of a similar nature; or

(ii) the prevention or detection of crime or the apprehension or prosecution of offenders, where the offence concerned involves an unlawful claim for payment out of, or an unlawful application of, public funds; and

(b) is processed for either of those purposes

is exempt from section 10 to the extent to which the exemption is required in the interests of the operation of the system.

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