Agriculture Act 2020

Provision of required information and limitations on its processing N.I.

14 (1) This paragraph applies to a requirement imposed under paragraph 10(1) or (2). N.I.

(2) Information provided in response to the requirement may be processed for, but only for, purposes specified in the requirement (see paragraph 12).

(3) Sub-paragraph (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), sub-paragraph (2) does not authorise processing contrary to the terms on which disclosure is made.

(4) Sub-paragraphs (2) and (3) are subject to sub-paragraphs (7) to (9).

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

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

(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) Sub-paragraph (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 that is permitted by sub-paragraph (7).

(9) Where P proposes that the disclosure should be of the information otherwise than in anonymised form—

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

(b) if P considers that it would or might do so, the disclosure (if made) must be of the information in anonymised form unless DAERA considers that it is in the public interest for the disclosure to be of the information in some other form permitted by sub-paragraph (7) (in which event the disclosure may be of the information in that other form).

(10) In this Part “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 Sch. 6 para. 14 in force at Royal Assent for specified purposes and otherwise at 11.1.2021, see s. 57(1)(b)(c)(6)