Subject to suitable and specific measures to safeguard the fundamental rights and freedoms of data subjects, the processing of special categories of personal data shall be lawful where it is necessary for public interest reasons in the area of public health including—, (a) protecting against serious cross-border threats to health, and. (3) Without prejudice to the generality of subsection (2)(a), additional suitable and specific measures identified in regulations made under that subsection may relate to—. Health Identifiers Act 2014 2. 82. (9) A Commissioner shall cease to hold office if he or she—. Obligation not to require data subject to exercise right of access under Data Protection Regulation and Directive in certain circumstances, 8. Amendment of Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, 214. (13) In determining for the purposes of subsection (12) whether the reasonable interval specified in that subsection has elapsed, regard shall be had to the nature of the personal data, the purpose for which the personal data are processed and the frequency with which the personal data are altered. “controller” means a controller that is a competent authority specified in paragraph (a) of the definition of “competent authority” in . 313 of 2013 (a) a company (within the meaning of the Act of 2014 or a former enactment relating to companies within the meaning of section 5 of that Act) a majority of the shares in which are held by or on behalf of a Minister of the Government. section 125 is amended—. (b) promote public awareness and understanding of the risks, rules, safeguards and rights in relation to processing. Section 4 (No. (4) A controller shall, when making a request under subsection (3), provide the Commission with—, (a) the data protection impact assessment conducted in relation to the processing concerned, and, (b) any other information required by the Commission to enable it to assess—, (i) the potential risks to the rights and freedoms of individuals arising from the proposed processing, and. (6) Where, in accordance with subsection (5), material is presumed in proceedings to be the property of a person and the authorised officer concerned gives evidence that, to the best of his or her knowledge and belief, the material is material which relates to any trade, profession, or, as the case may be, other activity, carried on by that person, the material shall be presumed, unless the contrary is proved, to be material which relates to that trade, profession, or, as the case may be, other activity, carried on by that person. amendments to existing law, total repeal of old laws ; The Data Protection Act 2018 (the “Act”) covers both the GDPR and the Law Enforcement Directive. (3) Where it has reasonable doubts concerning the identity of a complainant, the Commission may request from the complainant or, where applicable, the supervisory authority with which the complaint was lodged, such additional information as is necessary to confirm such identity. (1) The judge (“assigned judge”) for the time being assigned for that purpose by the Chief Justice shall be competent for supervision of data processing operations of the courts when acting in their judicial capacity. (8) A Commissioner to whom subsection (3) applies and whose term of office expires by the efflux of time may be reappointed to the Commission by the Government for one further period of not less than 4 and not more than 5 years without the need for a further recommendation by the Public Appointments Service. Section 62 . (1) against a requirement specified in an information notice, the requirement need not be complied with and subsection (6) shall not apply in relation to the requirement, pending the determination or withdrawal of the appeal. (1)(b) and the provisions of any relevant international agreement, a controller may, in an individual case, transfer personal data directly to a recipient located in a third country who is not a controller or organisation referred to in 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).”. 157. The expenses incurred by the Commission and any Minister of the Government in the administration of this Act shall, to such an extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas. (1) Anything commenced and not completed before the establishment day by or under the authority of the Data Protection Commissioner may, in so far as it relates to a function transferred to the Commission under (4) Rules made under subsection (3) may relate to such matters as the panel considers appropriate for the purpose referred to in that subsection and, without prejudice to the generality of that subsection, may—. of the (b) that is brought within the period specified in the notice concerned. (g) sections 13, 14, 16, 17, 18, 19, 20, 22A and 33. Amendment of section 66 of Civil Registration Act 2004, 198. “Access to Information on the Environment Regulations” means the European Communities (Access to Information on the Environment) Regulations 2007 ( (b) discloses the data or information to another person. 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).”. Irish Aviation Authority Act 1993 (No. (b) if, at the expiry of that period, the person against whom the proceedings are to be brought is outside the State, within 6 months of the date on which he or she next enters the State. (8) The court hearing a data protection action brought by a not-for-profit body, organisation or association under subsection (7) shall have the power to grant to the data subject on whose behalf the action is being brought one or more of the following reliefs: (b) compensation for damage suffered by the plaintiff as a result of the infringement of the relevant enactment. Judicial remedy for infringement of relevant provision. 112 (16) This section shall not apply to personal data that are contained in witness statements. Publication of judgment or decision of court or court list, 160. (8) Subject to this Act, the Commission shall regulate its own procedures. “complainant” means a data subject who lodges a complaint or, as the case may be, a not-for-profit body, organisation or association that, in accordance with Article 80(1), lodges a complaint on behalf of a data subject; “complaint” means a complaint lodged pursuant to Article 77(1) or in accordance with Article 80(1), and shall be deemed to include a complaint so lodged by or on behalf of a data subject where—, (a) the data subject considers that the processing of personal data relating to him or her infringes a relevant enactment, and. is amended—. is amended—. (d) the likelihood and the severity of such risks for individuals concerned. The Data Protection Act 2018, Section 42 makes provision for the processing of personal data for the purposes of: archiving in the public interest; scientific or historical research purposes; or, statistical purposes. section 7 (No. section 138 is amended by the insertion of the following section: “Restriction of right of access to personal data in certain circumstances. Amendment of section 12 of Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016, 231. section 25 section 91 the controller shall, subject to ‘manual data’ means information that is recorded as part of a relevant filing system, or with the intention that it should form part of a relevant filing system; ‘relevant filing system’ means any set of information relating to individuals to the extent that, although the information is not processed by means of equipment operating automatically in response to instructions given for that purpose, the set is structured, either by reference to individuals or by reference to criteria relating to individuals, in such a way that specific information relating to a particular individual is readily accessible;”. 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);”. (5) Where a controller, pursuant to subsection (4)(ii), refuses to act upon a request under section 91 (5) Where an authorised officer who, in the exercise of his or her powers, has removed one or more documents or records from any premises or place, gives evidence in any proceedings that, to the best of his or her knowledge and belief, the material is the property of any person, then the material shall be presumed, unless the contrary is shown, to be the property of that person. section 75 (1) Where having regard to its nature, scope, context and purposes, a type of processing, and in particular a type of processing using new technology, is likely to result in a high risk to the rights and freedoms of individuals, the controller that is proposing to carry out the processing shall conduct an assessment of the likely impact of the proposed processing operations on the protection of personal data (in this Part referred to as a “data protection impact assessment”) prior to carrying out the processing. Amendment of section 7D of Comhairle Act 2000, 188. (vi) make available to the controller all information necessary to demonstrate compliance by the processor with this section. (1) Subject to subsection (2), the functions of the Commission under this Part shall be to—. of the (4) Without prejudice to the generality of subsection (3), regulations made under that subsection shall identify—, (a) the substantial public interest concerned, and. (No. 73 Commission to handle complaint under Chapter 3, 123. Personal Insolvency Act 2012 144. 1. section 150 (b) such restriction is necessary for the fulfilment of those purposes. Protection Regulation and Directive, 11 that subsection political Office in the of! Money Laundering and Terrorist Financing ) Act 2011 is amended— detection, and! Contribute to the processing examine the documents or records in a form in which it undertaken. Or is otherwise necessary for the purposes of data protection act 2018 ireland Health, 54 sexual... 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