SCHEDULE 4U.K.CONDITIONS FOR PERMITTED DISCLOSURE

PART 2U.K.Disclosure to a Credit Reference Agency

6.  The credit reference agency—U.K.

(a)is carrying on in the United Kingdom F1... a business comprising the furnishing of information relevant to the financial standing of individuals, being information collected by the agency for that purpose;

(b)maintains appropriate procedures—

(i)to ensure that an independent person can investigate and audit the measures maintained by the agency for the purposes of ensuring the security of any information within section 790ZF(2) of the Act disclosed to that agency; and

[F2(ii)for the purposes of ensuring that it complies with its [F3obligations under the data protection legislation (as defined in section 3 of the Data Protection Act 2018)];]

(c)has not been found guilty of an offence under—

(i)[F4section 1112 (false statements: basic offence) or 1112A (false statements: aggravated offence) of the Act];

(ii)section 2 of the Fraud Act 2006 M1 (fraud by false representation); F5...

(iii)section 47 of the Data Protection Act 1998 (failure to comply with enforcement notice) in circumstances where it has used the information within section 790ZF(2) of the Act for purposes other than those described in sub-paragraphs (a) to (e) of paragraph 8;

[F6(iv)section 144 of the Data Protection Act 2018 (false statements made in response to an information notice); or

(v)section 148 of that Act (destroying or falsifying information and documents etc);]

[F7(d)has not been given a penalty notice under section 155 of the Data Protection Act 2018 in circumstances described in sub-paragraph (c)(iii), other than a penalty notice that has been cancelled.]

Textual Amendments

F2Sch. 4 para. 6(b)(ii) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 400(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F5Word in Sch. 4 para. 6(c)(ii) omitted (25.5.2018) by virtue of Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 400(3)(a) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Marginal Citations