Data Protection Act 1998

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Point in time view as at 01/07/2005. This version of this provision has been superseded.

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Data Protection Act 1998, Section 31 is up to date with all changes known to be in force on or before 26 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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31 Regulatory activity.U.K.

(1)Personal data processed for the purposes of discharging functions to which this subsection applies are 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 those functions.

(2)Subsection (1) applies to any relevant function which is designed—

(a)for 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)for protecting charities [F1or community interest companies] against misconduct or mismanagement (whether by trustees [F2, directors] or other persons) in their administration,

(c)for protecting the property of charities [F1or community interest companies] from loss or misapplication,

(d)for the recovery of the property of charities [F1or community interest companies] ,

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

(f)for 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)In subsection (2) “relevant function” means—

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

(b)any function of the Crown, a Minister of the Crown or a government department, or

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

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

(a)is conferred by or under any enactment on—

(i)the Parliamentary Commissioner for Administration,

(ii)the Commission for Local Administration in England [F3or] , the Commission for Local Administration in Wales F4. . . ,

(iii)the Health Service Commissioner for England [F5or] , the Health Service Commissioner for Wales F6. . . ,

(iv)the Welsh Administration Ombudsman,

(v)the Assembly Ombudsman for Northern Ireland, F7. . .

(vi)the Northern Ireland Commissioner for Complaints, [F8or]

[F9(vii) the Scottish Public Services Ombudsman, and]

(b)is designed for protecting members of the public against—

(i)maladministration by public bodies,

(ii)failures in services provided by public bodies, or

(iii)a failure of a public body to provide a service which it was a function of the body to provide,

are 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.

[F10(4A)Personal data processed for the purpose of discharging any function which is conferred by or under Part XVI of the Financial Services and Markets Act 2000 on the body established by the Financial Services Authority for the purposes of that Part are 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 the function.]

(5)Personal data processed for the purpose of discharging any function which—

(a)is conferred by or under any enactment on the [F11the Office of Fair Trading] , and

(b)is designed—

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

(ii)for 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

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

[F12(6)Personal data processed for the purpose of the function of considering a complaint under section 113(1) or (2) or 114(1) or (3) of the Health and Social Care (Community Health and Standards) Act 2003, or section 24D, 26, 26ZA or 26ZB of the Children Act 1989, are 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.]

Textual Amendments

F1Words in s. 31(2)(b)(c)(d) inserted (1.7.2005) by Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27), ss. 59(3)(a), 65; S.I. 2004/3322, art. 2(3), Sch. 3 (subject to arts. 3-13)

F2Words in s. 31(2)(b) inserted (1.7.2005) by Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27), ss. 59(3)(b), 65; S.I. 2004/3322, art. 2(3), Sch. 3 (subject to arts. 3-13)

F3Word in s. 31(4)(a)(ii) inserted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), art. 19(a)(i)

F4Words in s. 31(4)(a)(ii) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), art. 19(a)(ii)

F5Word in s. 31(4)(a)(iii) inserted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), art. 19(b)(i)

F6Words in s. 31(4)(a)(iii) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), art. 19(b)(ii)

F7Word in s. 31(4)(a)(v) omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), art. 19(c)

F8Word in s. 31(4)(a)(vi) substituted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), art. 19(d)

F9S. 31(4)(a)(vii) inserted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), art. 19(e)

F10S. 31(4A) inserted (1.12.2001) by 2000 c. 8, s. 233; S.I. 2001/3538, art. 2(1)

F11Words in s. 31(5)(a) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278(1), 279, Sch. 25 para. 37; S.I. 2003/766, art. 2, Sch. (with art. 3)