35. Regulatory activity

35.—

1. Personal data processed for the purposes of discharging any function to which this subsection applies are exempt from the disclosure to data subject requirements to the extent to which the application of those requirements in any case is likely to prejudice the proper discharge of those functions.

2. Subsection (1) applies to any function—

(a) which is—

(i) conferred on a person by or under any enactment; or

(ii) of a public nature, is exercised in the public interest and is connected with—

(A) public safety;

(B) breaches of ethics for regulated professions; or

(C) important national economic or financial interests such as monetary, budgetary or taxation matters; and

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

(i) maladministration by public authorities;

(ii) the failure of a public authority to provide a service which it is a function of that public authority to provide; or

(iii) conduct by persons carrying on any trade or business, which may adversely affect the public interest;

(c) designed for regulating—

(i) agreements or conduct which have as their object or effect the prevention, restriction or distortion of competition, in connection with any commercial activity; or

(ii) conduct, on the part of one or more undertakings, which amounts to the abuse of a dominant market position; or

(d) relating to the consideration of any complaint referred to in paragraph 12 or 13 of the First Schedule of the Child Care and Protection Act, by the Children’s Advocate or a relevant authority as defined by that Act.

3. In subsection (2)(a), “regulated professions” means any profession subject to regulation by a body pursuant to any enactment.