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61.   Regulatory activities

Revised Laws of Saint Lucia (2021)

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61.   Regulatory activities

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    (1)   This section applies to the processing of personal data by a data controller for the purposes of discharging any of the relevant functions —

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      (a)     designed for protecting members of the public against —

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        (i)     financial loss due to dishonesty, malpractice or other serious improper conduct, or by the unfitness or incompetence of, persons concerned in the provision of banking, insurance, investment or other financial services or in the management of bodies corporate,

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        (ii)     financial loss due to the conduct of discharged or undischarged bankrupts, or

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        (iii)     dishonesty, malpractice or other seriously improper conduct by, or the unfitness or incompetence of, persons authorized to carry on any profession or other activity;

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      (b)     conferred on the Eastern Caribbean Central Bank, the Director of Financial Services and the Financial Intelligence Unit, by or under any enactment;

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      (c)     for protecting charitable trusts and other bodies involved in charitable work against misconduct or mismanagement in administration;

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      (d)     for protecting the property of charitable trusts and other bodies specified in paragraph (c) from loss or misapplication;

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      (e)     for the recovery of the property of charitable trusts and other bodies specified in paragraph (c);

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      (f)     for securing the health, safety and welfare of persons at work;

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      (g)     for protecting persons other than persons at work against risk to health or safety arising out of or in connection with the actions of persons at work; or

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      (h)     designed for —

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        (i)     protecting members of the public against conduct which adversely affect their interests by persons carrying on a business,

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        (ii)     regulating agreements or conduct which have as their object or effect the prevention, restriction or distortion of competition in connection with any commercial activity, or

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        (iii)     regulating conduct on the part of one or more undertakings which amounts to the abuse of a dominant position in a market.

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    (2)   The processing of personal data by a data controller for the purpose of discharging any of the relevant functions referred to in subsection (1)(a) to (h), is exempt from the application of sections 34, 35, 40, 41 and 45 to the extent that the application of these sections would be likely to prejudice the proper discharge of the relevant functions.

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