The Higher-Risk Buildings (Keeping and Provision of Information etc.) (England) Regulations 2024
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Change 1
18 Exception for personal data
(1) Subject to paragraph (6), this regulation applies in relation to— (a) the duties under regulations 6 to 8 and 10 to 12, and (b) an AP’s duty to a resident or owner of a residential unit under section 92(2) of the 2022 Act and pursuant to regulation 14. (2) Paragraph (4) applies where regulation 7, 8, 10 or 14 would require an AP to share personal data with someone, other than the data subject, who is— (a) a resident, (b) an owner of a residential unit, or (c) a resident client who is not an AP for the same higher-risk building. (3) Paragraph (5) applies where regulation 6, 10, 11 or 12 would require an AP or PAP to share personal data with someone, other than the data subject, who is— (a) another AP for the same higher-risk building, (b) a relevant RP, (c) an AP client, or (d) a fire and rescue authority. (4) Where this paragraph applies, the AP is not required to provide any personal data that is not permitted personal data. (5) Where this paragraph applies, the AP or PAP is not required to provide any personal data unless it is— (a) permitted personal data, or (b) significant for managing building safety. (6) This regulation does not apply to any information or material in a document that an AP or PAP is required to give to a fire and rescue authority pursuant to regulation 12, where the information or document is— (a) information kept under paragraph 6 (fire safety management) of Schedule 1; (b) information kept under paragraph 7 (evacuation) of Schedule 1; or (c) a document kept under paragraph 22 (fire safety management) of Schedule 1. (7) In this regulation— “permitted personal data” means any personal data that a PAP must display in accordance with section 82(1) of the 2022 Act; “significant for managing building safety” means any information or material within a document that is necessary to enable the AP, PAP, relevant RP, AP client or fire and rescue authority to identify, assess or manage a building safety risk in the higher-risk building or to understand how this is being done by another who has responsibilities in relation to fire or structural safety for that higher-risk building.
18 Exception for personal data
(1) Subject to paragraph (6), this regulation applies in relation to— (a) the duties under regulations 6 to 8 and 10 to 12, and (b) an AP’s duty to a resident or owner of a residential unit under section 92(2) of the 2022 Act and pursuant to regulation 14. (2) Paragraph (4) applies where regulation 7, 8, 10 or 14 would require an AP to share personal data with someone, other than the data subject, who is— (a) a resident, (b) an owner of a residential unit, or (c) a resident client who is not an AP for the same higher-risk building. (3) Paragraph (5) applies where regulation 6, 10, 11 or 12 would require an AP or PAP to share personal data with someone, other than the data subject, who is— (a) another AP for the same higher-risk building, (b) a relevant RP, (c) an AP client, or (d) a fire and rescue authority. (4) Where this paragraph applies, the AP is not required to provide any personal data that is not permitted personal data. (5) Where this paragraph applies, the AP or PAP is not required to provide any personal data unless it is— (a) permitted personal data, or (b) significant for managing building safety. (6) This regulation does not apply to any information or material in a document that an AP or PAP is required to give to a fire and rescue authority pursuant to regulation 12, where the information or document is— (a) information kept under paragraph 6 (fire safety management) of Schedule 1; (b) information kept under paragraph 7 (evacuation) of Schedule 1; or (c) a document kept under paragraph 22 (fire safety management) of Schedule 1. (7) In this regulation— “permitted personal data” means any personal data that a PAP must display in accordance with section 82(1) of the 2022 Act; “significant for managing building safety” means any information or material within a document that is necessary to enable the AP, PAP, relevant RP, AP client or fire and rescue authority to identify, assess or manage a building safety risk in the higher-risk building or to understand how this is being done by another who has responsibilities in relation to fire or structural safety for that higher-risk building.
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