Energy (Windfall Gains in the Energy Sector) (Cap on Market Revenues) Act 2023

Information sharing

33. (1) The competent authority and the collection agent may each share information with each other and with a relevant body and enter into a data sharing arrangement with each other or that relevant body where it is necessary and proportionate for the purpose of the performance of a function of the competent authority or the collection agent under this Act.

(2) The information referred to in subsection (1) may—

(a) include the name, address and contact details of a producer, intermediary or trader,

(b) identify the nature of the participation in the electricity market of that producer, intermediary or trader,

(c) be data, metered by the distribution system operator relating to connection to the distribution system by a producer, intermediary or trader,

(d) be data, metered by the transmission system operator relating to connection to the transmission system by a producer, intermediary or trader,

(e) be commercial information relating to a producer, intermediary or trader including relating to hedging arrangements entered into by that person, and

(f) include such other information as may be prescribed by the Minister for the purposes of subsection (1).

(3) The Minister may prescribe—

(a) the relevant bodies with which the information may be shared, and

(b) such conditions as the Minister considers appropriate, on the sharing of the information including, subject to the General Data Protection Regulation, personal data.

(4) In this section—

“General Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20165 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);

“personal data” has the same meaning as it has in the General Data Protection Regulation;

“relevant body” means—

(a) the Minister,

(b) any other Minister of the Government who in the opinion of the Minister performs functions which are relevant to the purpose referred to in subsection (1),

(c) the distribution system operator,

(d) the Single Electricity Market operator, and

(e) the transmission system operator.

5 O.J. No. L 119, 4.5.2016 p. 1-88