Exemption in respect of certain functions
(1) Personal information processed for the purpose of discharging a relevant function is exempt from sections 11(3) and (4), 12, 15 and 18 in any case to the extent to which the application of those provisions to the personal information would be likely to prejudice the proper discharge of that function.
(2) ‘‘Relevant function’’ for purposes of subsection (1), means any function— (a) of a public body; or (b) conferred on any person in terms of the law, which is performed with the view to protecting members of the public against— (i) financial loss due to dishonesty, malpractice or other seriously improper conduct by, or 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; or (ii) dishonesty, malpractice or other seriously improper conduct by, or the unfitness or incompetence of, persons authorised to carry on any profession or other activity.
What this means for your estate
- This carve-out is aimed at bodies like credit bureaus, financial regulators, and professional disciplinary bodies performing an explicit fraud/malpractice-prevention function, not typically relevant to a residential estate's own processing of resident and levy information.
Not something day-to-day estate compliance needs to rely on, included here for completeness of the Act reference.