Regulation 30 Use of personal data by the BoardI1

Northern Ireland

(1)

Personal data provided to the Board by an applicant, or disclosed pursuant to a notice under regulation 29, may only be used by the Board for the purpose of the exercise of functions under these Regulations.

(2)

But paragraph (1) does not prevent the use of information by the Board—

(a)

if the information has already lawfully been made available to the public;

(b)

if the person to whom the information relates consents to its use for another purpose;

(c)

for the prevention or detection of crime;

(d)

for the purposes of a criminal investigation;

(e)

for the purposes of legal proceedings (whether civil or criminal), or

(f)

for the purposes of—

(i)

preventing serious physical harm to a person;

(ii)

preventing loss of human life;

(iii)

safeguarding vulnerable adults or children;

(iv)

responding to an emergency, or

(v)

protecting national security.

(3)

Paragraph (2) does not apply to HMRC information or social security information, but such information may be used by the Board for purposes other than those for which it was disclosed with the consent of the relevant authority (which may be general or specific).

(4)

In this regulation—

“HMRC information” means information disclosed to the Board under paragraph (1) by the Revenue and Customs;
“the Revenue and Customs” has the meaning given by section 17(3) of the Commissioners for Revenue and Customs Act 2005 M1;
“social security information” means information which, when disclosed to the Board under paragraph (1), was information held for the purposes of any of the following functions of the Secretary of State or a Northern Ireland Department—
1. (a)
  functions relating to social security, including functions relating to—
  1. (i)
    statutory payments as defined in section 4C(11) of the Social Security Contributions and Benefits Act 1992 M2;
  2. (ii)
    maternity allowance under section 35 of that Act;
  3. (iii)
    statutory payments as defined in section 4C(11) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 M3;
  4. (iv)
    maternity allowance under section 35 of that Act;
  5. (v)
    schemes and arrangements under section 2 of the Employment and Training Act 1973 M4;
2. (b)
  functions relating to the investigation and prosecution of offences relating to tax credits;
“the relevant authority” means—
1. (c)
  the Secretary of State (in the case of a disclosure of social security information held, when disclosed to the Board under paragraph (1), for the purposes of the functions of the Secretary of State);
2. (d)
  the Department for Communities in Northern Ireland (in the case of a disclosure of social security information held, when disclosed to the Board under paragraph (1), for the purposes of the functions of a Northern Ireland department);
3. (e)
  the Commissioners or an officer of Revenue and Customs (in the case of a disclosure or further disclosure of HMRC information).

Regulation 30 Use of personal data by the BoardI1

Annotations

Marginal citations

Commencement