63. Prohibition of requirements as to production of certain records

63.—

1. A person concerned with the provision of goods, facilities or services to the public or a section of the public, whether for payment or not, shall not as a condition of providing or offering to provide any goods, facilities or services to an individual, require that individual to supply or produce a relevant record.

2. Subsection (1) does not apply to a person who shows—

(a) that the imposition of the requirement was required or authorised by any other law or by the order of a court; or

(b) that in the particular circumstances the imposition of the requirement was justified as being in the public interest.

3. A person who contravenes subsection (1) commits an offence and shall be liable upon—

(a) summary conviction in a Parish Court to a fine not exceeding two million dollars or to imprisonment for a term not exceeding two years; or

(b) conviction on indictment in a Circuit Court, to a fine, or to imprisonment for a term not exceeding five years.

4. In this section “a relevant record” means any record which—

(a) has been or is to be obtained by a data subject from a data controller specified in the first column of the Fourth Schedule in the exercise of the right conferred by section 6 (right of access to personal data); and

(b) contains information relating to any matter specified in relation to that data controller in the second column of the Fourth Schedule,and includes a copy of such a record or part of such a record.

5. For the purposes of this section—

(a) a record is not a relevant record to the extent that it relates, or is to relate, only to personal data that is recorded information held by a public authority other than by means which enable the data to be processed automatically, or to be structured either by reference to individuals or criteria relating to individuals so that specific information relating to a particular individual is readily available;

(b) a record which states that a data controller is not processing any personal data relating to a particular matter shall be taken to be a record containing information relating to that matter.

6. The Minister may, by order published in the Gazette, amend the Fourth Schedule.