69. Publicly available factual data and subscription services

A person does not carry on an activity of the kind specified by paragraph 68(1)(a) in relation to a Specified Benchmark where the information provided —

(a) consists solely of factual data obtained from a publicly available source; or
(b) is —
(i) compiled by a subscription service for purposes other than in connection with the determination of a Specified Benchmark;
(ii) provided to a person who has permission to carry on an activity of the kind specified by paragraph 68(1)(b) and who is a subscriber to the service; and
(iii) provided to such a person only in that person's capacity as a subscriber.