Agriculture (Wales) Act 2023

31 Provision of required information and limitations on its processing E+W

(1) This section applies to a requirement imposed under section 25(1) or (2) or 27(1) or (2).

(2) Information provided in response to the requirement may be processed only for purposes specified in the requirement (see section 29).

(3) Subsection (2) applies—

(a) to the person to whom the information is provided, and

(b) to a person to whom the information is disclosed,

but, in the case of a person within paragraph (b), subsection (2) does not authorise processing contrary to the terms on which disclosure is made.

(4) Subsections (2) and (3) are subject to subsections (7) to (10).

(5) The requirement may specify how and when the required information is to be provided, including (among other things)—

(a) the person to whom the information is to be provided (who may be a person other than the Welsh Ministers);

(b) the form in which the information is to be provided;

(c) the means by which it is to be provided;

(d) the time or times at which, or by when, it is to be provided.

(6) The requirement must specify—

(a) the types of processing to which the information may be subjected, and

(b) if the types of processing specified include disclosure of any kind, the forms in which the information may be disclosed.

(7) Information provided in response to the requirement—

(a) may not be subjected to types of processing other than those specified in the requirement, and

(b) may not be disclosed in any form other than those specified in the requirement,

except in circumstances specified in the requirement.

(8) Subsection (9) applies if—

(a) information is provided in response to the requirement, and

(b) a person (“P”) proposes to make a disclosure of the information in a form that is permitted by subsection (7).

(9) Where P proposes that the information be disclosed otherwise than in an anonymised form—

(a) P must consider whether disclosure of the information in that form would, or might, prejudice the commercial interests of any person, and

(b) if P considers that it would or might do so, the information (if disclosed) must, instead, be disclosed in an anonymised form.

(10) But if the Welsh Ministers consider that it is in the public interest for the information to be disclosed otherwise than in an anonymised form—

(a) the information may be disclosed otherwise than in an anonymised form, as long as the disclosure is in a form that is permitted by subsection (7), and

(b) subsection (9)(b) does not apply.

(11) In this Chapter, “processing”, in relation to information, means an operation, or set of operations, which is performed on information, or on sets of information, such as—

(a) collection, recording, organisation, structuring or storage,

(b) adaptation or alteration,

(c) retrieval, consultation or use,

(d) disclosure by transmission, dissemination or otherwise making available,

(e) alignment or combination, or

(f) restriction, erasure or destruction.

Commencement Information

I1 S. 31 not in force at Royal Assent, see s. 56(4)

I2 S. 31 in force at 17.10.2023 by S.I. 2023/1092, art. 2(b)