34. Law enforcement, taxation, statutory functions etc

34.—

1. Personal data processed for any of the following purposes—

(a) the prevention, detection, or investigation of crime;

(b) the apprehension or prosecution of offenders; or

(i) the first data protection standard, except to the extent that that standard requires compliance with the conditions set out in sections 23(1) and 24(1); and

(ii) section 6, to the extent to which the application of those provisions to the data is likely to prejudice any of the purposes mentioned in paragraph (a), (b) or (c).

2. Personal data which—

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

(b) consist of information obtained for such a purpose from a person who had the information in that person’s possession for any purpose mentioned in subsection (1)(a), (b) or (c), are exempt from the disclosure to data subject requirements to the same extent as personal data processed for any of the purposes mentioned in subsection (1)(a), (b) or (c).

3. Personal data are exempt from the non-disclosure provisions in any case in which—

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

(b) the application of the non-disclosure provisions in relation to the disclosure is likely to prejudice any of the purposes mentioned in subsection (1)(a), (b) or (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 part of a system of risk assessment which is operated by that authority for either of the following purposes—

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

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

(b) are processed for either of the purposes mentioned in paragraph (a), are exempt from section 6 to the extent to which the exemption is required in the interests of the operation of the system.

5. In subsection (4), “public moneys” has the meaning assigned to it by section 2 of the Financial Administration and Audit Act.

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