• SCHEDULE 2 SCHEDULE 2 CONDITIONS FOR PERMITTED DISCLOSURE

    • Part 1 Disclosure to Specified Public Authorities

      1.1 Paragraphs 1.2 and 1.3 set out the conditions specified for the disclosure of protected information by the Registrar to a specified public authority.
      1.2 The specified public authority has delivered to the Registrar a statement that it intends to use the protected information only for the purpose of facilitating the carrying out by that specified public authority of a public function ("the permitted purpose").
      1.3 The specified public authority has delivered to the Registrar a statement that it will, where it supplies a copy of the protected information to a processor for the purpose of processing the information for use in respect of the permitted purpose:
      (i) ensure that the processor is one who carries on business in the Abu Dhabi Global Market;
      (ii) require that the information is not transmitted outside the Abu Dhabi Global Market by the processor; and
      (iii) require that the processor does not disclose the information except to the specified public authority or an employee of the specified public authority.

    • Part 2 Disclosure to a Credit Reference Agency

      1.4 Paragraphs 1.5 to 1.9 set out the conditions specified for the disclosure of protected information by the Registrar to a credit reference agency.
      1.5 The credit reference agency:
      (i) is carrying on in the Abu Dhabi Global Market a business comprising the furnishing of information relevant to the financial standing of individuals, being information collected by the agency for that purpose;
      (ii) maintains appropriate procedures:

      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 protected information disclosed to that agency; and

      for the purposes of ensuring that it complies with its obligations under the with its obligations under data protection legislation;
      (iii) has not been found guilty of an offence under section 987 (general false statement offence).
      1.6 The credit reference agency has delivered to the Registrar a statement that it intends to use the protected information only for the purposes of:
      (i) providing an assessment of the financial standing of a person;
      (ii) meeting any obligations contained in any legislation of another State on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing;
      (iii) conducting conflict of interest checks required or made necessary by any enactment;
      (iv) the provision of protected information to:
      a public authority specified in Schedule 1 which has satisfied the requirements of paragraphs 2 and 3 of this Schedule; or

      a credit reference agency which has satisfied the requirements of this Part of this Schedule; or
      (v) conducting checks for the prevention and detection of crime and fraud.
      1.7 The credit reference agency has delivered to the Registrar a statement that it intends to take delivery of and to use the protected information only in the Abu Dhabi Global Market.
      1.8 The credit reference agency has delivered to the Registrar a statement that it will, where it supplies a copy of the protected information to a processor for the purpose of processing the information for use in respect of the purposes referred to in paragraph 1.6:
      (i) ensure that the processor is one who carries on business in the Abu Dhabi Global Market;
      (ii) require that the information is not transmitted outside the Abu Dhabi Global Market by the processor; and
      (iii) require that the processor does not disclose the information except to the credit reference agency or an employee of the credit reference agency.
      1.9 The credit reference agency has delivered to the Registrar a statement that it meets the conditions in paragraph 1.6 above.

    • Part 3 Interpretation of this Schedule

      1.10
      (a) In this Schedule:

      "processor" means any person who provides a service which consists of putting information into data form or processing information in data form and any reference to a processor includes a reference to his employees; and

      "public function" includes:
      (i) any function conferred by or in accordance with any provision contained in any enactment;
      (ii) any similar function conferred on persons by or under provisions having effect as part of the law of a country or territory outside the Abu Dhabi Global Market; and
      (iii) any function exercisable in relation to the investigation of any criminal offence or for the purpose of any criminal proceedings.
      (b) In this Schedule any reference to:
      (i) an employee of any person who has access to protected information shall be deemed to include any person working or providing services for the purposes of that person or employed by or on behalf of, or working for, any person who is so working or who is supplying such a service; and
      (ii) the disclosure for the purpose of facilitating the carrying out of a public function includes disclosure in relation to, and for the purpose of, any proceedings whether civil, criminal or disciplinary in which the specified public authority engages while carrying out its public functions.