Regulatory activity

33.(1) Personal data processed for the purposes of discharging functions to which this subsection applies is exempt from the subject information provisions to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of those functions.

(2) Subsection (1) applies to any relevant function which is designed for the purpose of

(a) protecting members of the public against

(i) financial loss due to dishonesty, malpractice or other seriously improper conduct by, or the unfitness or incompetence of, persons concerned in the provision of banking, insurance, investment or other financial services or in the management of bodies corporate;

(ii) financial loss due to the conduct of discharged or undischarged bankrupts; or

(iii) dishonesty, malpractice or other seriously improper conduct by, or the unfitness or incompetence of, persons authorised to carry on any profession or other activity;

(b) protecting charities against misconduct or mismanagement, whether by trustees or other persons in their administration;

(c) protecting the property of charities from loss or misapplication;

(d) the recovery of the property of charities;

(e) securing the health, safety and welfare of persons at work; or

(f) protecting persons other than persons at work against risk to health or safety arising out of, or in connection with, the actions of persons at work.

(3) Personal data processed for the purpose of discharging any function which is designed for protecting members of the public against

(a) maladministration by public authorities;

(b) failures in services provided by public authorities; or

(c) a failure of a public authority to provide a service which it is a function of the authority to provide

is exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of that function.

(4) Personal data processed for the purpose of discharging any function which is designed for

(a) protecting members of the public against conduct which may adversely affect their interests by persons carrying on a business;

(b) regulating agreements or conduct which have as their object or effect the prevention, restriction or distortion of competition in connection with any commercial activity; or

(c) regulating conduct on the part of one or more undertakings which amounts to the abuse of a dominant position in a market

is exempt from the subject information provisions to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of that function.

(5) For the purposes of subsection (2) “relevant function” means

(a) any function conferred on any person by or under any enactment;

(b) any function of a public authority; or

(c) any other function which is of a public nature and is exercised in the public interest.