S.L. 406.22 Art. 8Other information.      Cap. 377.  S.L. 586.09.

(1) Where the Commissioner has reasonable grounds to suspect that any person is involved, directly or indirectly, in VAT fraud, the Commissioner may request a payment service provider, in accordance with the requirement laid down in regulation 3, to provide the Commissioner within a date established by the Commissioner, which shall be not less than fifteen (15) days from the date of service of such request, with any such information and documentation which the payment service provider may have relating to payment services provided to that person for any period determined by the Commissioner, but not being a period commencing earlier than six (6) years from the date of such request.

(2) Any payment service provider who receives such request shall provide the Commissioner with the information demanded in the request and this notwithstanding anything to the contrary in the Act, in the Professional Secrecy Act, any other obligation of secrecy or confidentiality, or any other restriction relating to the disclosure of information whether arising from a provision of law or any agreement or other arrangement.

(3) The information which may be requested by the Commissioner in terms of this regulation shall be limited to the type of information specified under paragraphs (a) to (g) of sub-regulation (1) PAYMENT SERVICE PROVIDERS)

and paragraphs (a) to (e) of sub-regulation (2) of regulation 6 and shall be submitted to the Commissioner in the same manner as stipulated in regulation 7 or in a manner as may be directed by the Commissioner.

(4) If the payment service provider in receipt of a request in accordance with this regulation does not have any information to report, he shall inform the Commissioner accordingly and shall have no further obligations in accordance with this regulation.

(5) The rights of the data subject referred to in regulation 4 of the Restriction of the Data Protection (Obligations and Rights) Regulations, in particular the right of access, shall be restricted, partially or completely, where such a restriction is necessary and proportionate for a payment service provider to adhere to his obligations in accordance with this regulation.

(6) A payment service provider and any associate shall not disclose to any person, whatsoever the fact that the Commissioner has requested information, or that information has been delivered or may be delivered to the Commissioner in accordance with this sub-regulation. Any such disclosures shall constitute an offence and shall on conviction be liable to a fine (multa) of not less than fifty thousand euro (€50,000) and not more than one-hundred thousand euro (€100,000), except for disclosures made in the following circumstances:

(a) disclosures to the Commissioner or to a person authorised by the Commissioner;

(b) disclosures made by the payment service provider to an associate or by an associate to another associate that are necessary in order for it to comply with the Commissioner’s request for information pursuant to this sub-regulation;

(c) disclosures made in the course of proceedings instituted in any court or tribunal or administrative body against the payment service provider or associate to the extent that the disclosures are required for the proper defence of the payment service provider or associate;

(d) disclosures made in the course of any proceedings in any court or tribunal, or to any administrative body or authority, as long as a waiver for such disclosure has been given in writing by the Commissioner.

For the purpose of this sub-regulation, "associate" means an employee, holder of office, representative, or delegate of the payment service provider but shall not include the person or any of the persons whose details are indicated in the request issued pursuant to this regulation.