• 4.1 4.1 Making a request for disclosure of Confidential Information

    • 4.1.1

      Every request to disclose Confidential Information, will be assessed by the Regulator on a case-by-case basis, whether this information was obtained voluntarily, in the course of the Regulator exercising its own functions and powers or exercising its powers on behalf of other authorities.

      Amended on (18 April, 2019).

    • 4.1.2

      In deciding whether to comply with a request to disclose Confidential Information, the Regulator would satisfy itself that there are legitimate reasons for the request and that the authority requesting the information has the appropriate policies and procedures in place for dealing with Confidential Information.

      Amended on (18 April, 2019).

    • 4.1.3

      Section 199(3) of the FSMR enables the Regulator to, among other things:

      (a) impose conditions on the information disclosed, which may relate to, among other things, the obtaining of consents or, where appropriate, subjecting information received to restrictions on disclosure that are at least equivalent to those set out in section 198, per paragraph 199(3)(a); and
      (b) restrict the uses to which the Confidential Information disclosed may be put.
      Added on (18 April, 2019).

    • 4.1.4

      Where the disclosure by the Regulator is made subject to conditions, the person to whom the Confidential Information has been disclosed may not use the Confidential Information in breach of any such condition, as set out in section 199(4) of the FSMR.

      Added on (18 April, 2019).