Cap. 514 чл. 52Confidentiality.

(1) Information obtained by the competent authority or its officers, employees, agents, including former officers, employees or agents, as well as by inspectors, auditors, actuaries and experts acting on behalf of the competent authority for the purposes of, or pursuant to any of the provisions of this Act, or any regulations or Pension Rules issued thereunder, or in the discharge of any functions under any of the said provisions, shall be treated as confidential and protected by the duty of professional secrecy.

(2) Without prejudice to cases covered by criminal law, the persons referred to in sub-article (1) shall not disclose information obtained, from a retirement scheme, a retirement fund and a service provider licensed under the Act, unless such disclosure of information is done in summary or aggregate form, so as not to enable the identity of such scheme, to whom such information relates, to be ascertained:

Provided that such persons may disclose confidential information in civil or commercial proceedings where a retirement scheme, a retirement fund or a service provider is being compulsorily wound up.

(3) The competent authority, when processing personal data for the purposes of the Act and any regulations and Pension Rules issued thereunder, shall do so in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), as amended from time to time.

(a) to verify that conditions for taking up the activity for the provision of retirement benefits are met by the retirement scheme before commencing its activities;

(b) to facilitate the monitoring of activities of the retirement scheme, including the monitoring of technical provisions, the solvency, the system of governance and the information provided to members and beneficiaries, as applicable;

(c) to impose corrective measures, including administrative sanctions;

(d) to publish key performance indicators for all individual occupational retirement schemes which may assist members and beneficiaries in taking financial decisions regarding their pension where permitted by national law;

(e) in appeals filed from decisions of the competent authority under article 44;

(f) in judicial proceedings relating to the provisions of the Act, any regulations and, or Pension Rules issued thereunder.

(2) Articles 52 and 52A of the Act shall be without prejudice to the right of inquiry conferred on the European Parliament by Article 226 of the Treaty on the Functioning of the European Union, pursuant to Article 54 of the Occupational Pensions Directive.