Data Protection Act, 1988
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —(1) In this Act, unless the context otherwise requires—
“appropriate authority” has the meaning assigned to it by the Civil Service Regulation Acts, 1956 and 1958;
“back-up data” means data kept only for the purpose of replacing other data in the event of their being lost, destroyed or damaged;
“civil servant” has the meaning assigned to it by the Civil Service Regulation Acts, 1956 and 1958;
“the Commissioner” has the meaning assigned to it by section 9 of this Act;
“company” has the meaning assigned to it by the Companies Act, 1963 ;
num: 2
paragraphs: —(1) A data controller shall, as respects personal data kept by him, comply with the following provisions:
(a) the data or, as the case may be, the information constituting the data shall have been obtained, and the data shall be processed, fairly,
(b) the data shall be accurate and, where necessary, kept up to date,
(c) the data—
(i) shall be kept only for one or more specified and lawful purposes,
(ii) shall not be used or disclosed in any manner incompatible with that purpose or those purposes,
(iii) shall be adequate, relevant and not excessive in relation to that purpose or those purposes, and
(iv) shall not be kept for longer than is necessary for that purpose or those purposes,
(d) appropriate security measures shall be taken against unauthorised access to, or alteration, disclosure or destruction of, the data and against their accidental loss or destruction.
(2) A data processor shall, as respects personal data processed by him, comply with paragraph (d) of subsection (1) of this section.
(3) Paragraph (a) of the said subsection (1) does not apply to information intended for inclusion in data, or to data, kept for a purpose mentioned in section 5 (1) (a) of this Act, in any case in which the application of that paragraph to the data would be likely to prejudice any of the matters mentioned in the said section 5 (1) (a).
(4) Paragraph (b) of the said subsection (1) does not apply to backup data.
(5) (a) Paragraph (c) (iv) of the said subsection (1) does not apply to personal data kept for historical, statistical or research purposes, and
(b) the data or, as the case may be, the information constituting such data shall not be regarded for the purposes of paragraph (a) of the said subsection as having been obtained unfairly by reason only that its use for any such purpose was not disclosed when it was obtained,
if the data are not used in such a way that damage or distress is, or is likely to be, caused to any data subject.
(6) (a) The Minister may, for the purpose of providing additional safeguards in relation to personal data as to racial origin, political opinions, religious or other beliefs, physical or mental health, sexual life or criminal convictions, by regulations amend subsection (1) of this section.
(b) Regulations under this section may make different provision in relation to data of different descriptions.
(c) References in this Act to subsection (1) of this section or to a provision of that subsection shall be construed in accordance with any amendment under this section.
(d) Regulations under this section shall be made only after consultation with any other Minister of the Government who, having regard to his functions, ought, in the opinion of the Minister, to be consulted.
(e) Where it is proposed to make regulations under this section, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft shall have been passed by each such House.
(7) Where—
(a) personal data are kept for the purpose of direct marketing, and
(b) the data subject concerned requests the data controller in writing to cease using the data for that purpose,
the data controller shall, as soon as may be and in any event not more than 40 days after the request has been given or sent to him—
(i) if the data are kept only for the purpose aforesaid, erase the data,
(ii) if the data are kept for that purpose and other purposes, cease using the data for that purpose, and
(iii) notify the data subject in writing accordingly and, where appropriate, inform him of those other purposes.
num: 3
paragraphs: —An individual who believes that a person keeps personal data shall, if he so requests the person in writing—
(a) be informed by the person whether he keeps any such data, and
(b) if he does, be given by the person a description of the data and the purposes for which they are kept,
as soon as may be and in any event not more than 21 days after the request has been given or sent to him.
num: 4
paragraphs: —(1) (a) Subject to the provisions of this Act, an individual shall, if he so requests a data controller in writing—
(i) be informed by the data controller whether the data kept by him include personal data relating to the individual, and
(ii) be supplied by the data controller with a copy of the information constituting any such data,
as soon as may be and in any event not more than 40 days after compliance by the individual with the provisions of this section; and, where any of the information is expressed in terms that are not intelligible to the average person without explanation, the information shall be accompanied by an explanation of those terms.
(b) A request for the information specified in subparagraph (i) of subsection (1) (a) of this section shall, in the absence of any indication to the contrary, be treated as including a request for a copy of the information specified in subparagraph (ii) of the said subsection (1) (a).
(c) (i) A fee may be payable to the data controller concerned in respect of such a request as aforesaid and the amount thereof shall not exceed such amount as may be prescribed or an amount that in the opinion of the Commissioner is reasonable, having regard to the estimated cost to the data controller of compliance with the request, whichever is the lesser.
(ii) A fee paid by an individual to a data controller under subparagraph (i) of this paragraph shall be returned to him if his request is not complied with or the data controller rectifies or supplements, or erases part of, the data concerned (and thereby materially modifies the data) or erases all of the data on the application of the individual or in accordance with an enforcement notice or an order of a court.
(2) Where pursuant to provision made in that behalf under this Act there are separate entries in the register in respect of data kept by a data controller for different purposes, subsection (1) of this section shall apply as if it provided for the making of a separate request and the payment of a separate fee in respect of the data to which each entry relates.
(3) An individual making a request under this section shall supply the data controller concerned with such information as he may reasonably require in order to satisfy himself of the identity of the individual and to locate any relevant personal data or information.
(4) Nothing in subsection (1) of this section obliges a data controller to disclose to a data subject personal data relating to another individual unless that other individual has consented to the disclosure:
Provided that, where the circumstances are such that it would be reasonable for the data controller to conclude that, if any particulars identifying that other individual were omitted, the data could then be disclosed as aforesaid without his being thereby identified to the data subject, the data controller shall be obliged to disclose the data to the data subject with the omission of those particulars.
(5) Information supplied pursuant to a request under subsection (1) of this section may take account of any amendment of the personal data concerned made since the receipt of the request by the data controller (being an amendment that would have been made irrespective of the receipt of the request) but not of any other amendment.
(6) (a) A request by an individual under subsection (1) of this section in relation to the results of an examination at which he was a candidate shall be deemed, for the purposes of this section, to be made on—
(i) the date of the first publication of the results of the examination, or
(ii) the date of the request,
whichever is the later; and paragraph (a) of the said subsection (1) shall be construed and have effect in relation to such a request as if for “40 days” there were substituted “60 days”.
(b) In this subsection “examination” means any process for determining the knowledge, intelligence, skill or ability of a person by reference to his performance in any test, work or other activity.
(7) A notification of a refusal of a request made by an individual under and in compliance with the preceding provisions of this section shall be in writing and shall include a statement of the reasons for the refusal and an indication that the individual may complain to the Commissioner about the refusal.
(8) (a) If and whenever the Minister considers it desirable in the interests of data subjects to do so and by regulations so declares, the application of this section to personal data—
(i) relating to physical or mental health, or
(ii) kept for, or obtained in the course of, carrying out social work by a Minister of the Government, a local authority, a health board or a specified voluntary organisation or other body,
may be modified by the regulations in such manner, in such circumstances, subject to such safeguards and to such extent as may be specified therein.
(b) Regulations under paragraph (a) of this subsection shall be made only after consultation with the Minister for Health and any other Minister of the Government who, having regard to his functions, ought, in the opinion of the Minister, to be consulted and may make different provision in relation to data of different descriptions.
num: 5
paragraphs: —(1) Section 4 of this Act does not apply to personal data—
(a) kept for the purpose of preventing, detecting or investigating offences, apprehending or prosecuting offenders or assessing or collecting any tax, duty or other moneys owed or payable to the State, a local authority or a health board, in any case in which the application of that section to the data would be likely to prejudice any of the matters aforesaid,
(b) to which, by virtue of paragraph (a) of this subsection, the said section 4 does not apply and which are kept for the purpose of discharging a function conferred by or under any enactment and consisting of information obtained for such a purpose from a person who had it in his possession for any of the purposes mentioned in paragraph (a) of this subsection,
(c) in any case in which the application of that section would be likely to prejudice the security of, or the maintenance of good order and discipline in—
(i) a prison,
(ii) a place of detention provided under section 2 of the Prison Act, 1970 ,
(iii) a military prison or detention barrack within the meaning of the Defence Act, 1954 , or
(iv) Saint Patrick's Institution,
(d) kept for the purpose of performing such functions conferred by or under any enactment as may be specified by regulations made by the Minister, being functions that, in the opinion of the Minister, are designed to protect members of the public against financial loss occasioned by—
(i) dishonesty, incompetence or malpractice on the part of persons concerned in the provision of banking, insurance, investment or other financial services or in the management of companies or similar organisations, or
(ii) the conduct of persons who have at any time been adjudicated bankrupt,
in any case in which the application of that section to the data would be likely to prejudice the proper performance of any of those functions,
(e) in respect of which the application of that section would be contrary to the interests of protecting the international relations of the State,
(f) consisting of an estimate of, or kept for the purpose of estimating, the amount of the liability of the data controller concerned on foot of a claim for the payment of a sum of money, whether in respect of damages or compensation, in any case in which the application of the section would be likely to prejudice the interests of the data controller in relation to the claim,
(g) in respect of which a claim of privilege could be maintained in proceedings in a court in relation to communications between a client and his professional legal advisers or between those advisers,
(h) kept only for the purpose of preparing statistics or carrying out research if the data are not used or disclosed (other than to a person to whom a disclosure of such data may be made in the circumstances specified in section 8 of this Act) for any other purpose and the resulting statistics or the results of the research are not made available in a form that identifies any of the data subjects, or
(i) that are back-up data.
(2) Regulations under subsections (1) (d) and (3) (b) of this section shall be made only after consultation with any other Minister of the Government who, having regard to his functions, ought, in the opinion of the Minister, to be consulted.
(3) (a) Subject to paragraph (b) of this subsection, section 4 of this Act, as modified by any other provisions thereof, shall apply notwithstanding any provision of or made under any enactment or rule of law that is in force immediately before the passing of this Act and prohibits or restricts the disclosure, or authorises the withholding, of information.
(b) If and whenever the Minister is of opinion that a prohibition, restriction or authorisation referred to in paragraph (a) of this subsection in relation to any information ought to prevail in the interests of the data subjects concerned or any other individuals and by regulations so declares, then, while the regulations are in force, the said paragraph (a) shall not apply as respects the provision or rule of law concerned and accordingly section 4 of this Act, as modified as aforesaid, shall not apply in relation to that information.
num: 6
paragraphs: —(1) An individual shall, if he so requests in writing a data controller who keeps personal data relating to him, be entitled to have rectified or, where appropriate, erased any such data in relation to which there has been a contravention by the data controller of section 2 (1) of this Act; and the data controller shall comply with the request as soon as may be and in any event not more than 40 days after it has been given or sent to him:
Provided that the data controller shall, as respects data that are inaccurate or not kept up to date, be deemed—
(a) to have complied with the request if he supplements the data with a statement (to the terms of which the individual has assented) relating to the matters dealt with by the data, and
(b) if he supplements the data as aforesaid, not to be in contravention of paragraph (b) of the said section 2 (1).
(2) On compliance by a data controller with a request under subsection (1) of this section, he shall, as soon as may be and in any event not more than 40 days after the request has been given or sent to him, notify—
(a) the individual making the request, and
(b) if such compliance materially modifies the data concerned, any person to whom the data were disclosed during the period of 12 months immediately before the giving or sending of the request,
of the rectification, erasure or statement concerned.
num: 7
paragraphs: —For the purposes of the law of torts and to the extent that that law does not so provide, a person, being a data controller or a data processor, shall, so far as regards the collection by him of personal data or information intended for inclusion in such data or his dealing with such data, owe a duty of care to the data subject concerned:
Provided that, for the purposes only of this section, a data controller shall be deemed to have complied with the provisions of section 2 (1) (b) of this Act if and so long as the personal data concerned accurately record data or other information received or obtained by him from the data subject or a third party and include (and, if the data are disclosed, the disclosure is accompanied by)—
(a) an indication that the information constituting the data was received or obtained as aforesaid,
(b) if appropriate, an indication that the data subject has informed the data controller that he regards the information as inaccurate or not kept up to date, and
(c) any statement with which, pursuant to this Act, the data are supplemented.
num: 8
paragraphs: —Any restrictions in this Act on the disclosure of personal data do not apply if the disclosure is—
(a) in the opinion of a member of the Garda SÃ­ochÃ¡na not below the rank of chief superintendent or an officer of the Permanent Defence Force who holds an army rank not below that of colonel and is designated by the Minister for Defence under this paragraph, required for the purpose of safeguarding the security of the State,
(b) required for the purpose of preventing, detecting or investigating offences, apprehending or prosecuting offenders or assessing or collecting any tax, duty or other moneys owed or payable to the State, a local authority or a health board, in any case in which the application of those restrictions would be likely to prejudice any of the matters aforesaid,
(c) required in the interests of protecting the international relations of the State,
(d) required urgently to prevent injury or other damage to the health of a person or serious loss of or damage to property,
(e) required by or under any enactment or by a rule of law or order of a court,
(f) required for the purposes of obtaining legal advice or for the purposes of, or in the course of, legal proceedings in which the person making the disclosure is a party or a witness,
(g) made to the data subject concerned or to a person acting on his behalf, or
(h) made at the request or with the consent of the data subject or a person acting on his behalf.
The Data Protection Commissioner
num: 9
paragraphs: —(1) For the purposes of this Act, there shall be a person (referred to in this Act as the Commissioner) who shall be known as an CoimisinÃ©ir Cosanta SonraÃ­ or, in the English language, the Data Protection Commissioner; the Commissioner shall perform the functions conferred on him by this Act.
num: 10
paragraphs: —(1) (a) The Commissioner may investigate, or cause to be investigated, whether any of the provisions of this Act have been, are being or are likely to be contravened by a data controller or a data processor in relation to an individual either where the individual complains to him of a contravention of any of those provisions or he is otherwise of opinion that there may be such a contravention.
(b) Where a complaint is made to the Commissioner under paragraph (a) of this subsection, the Commissioner shall—
(i) investigate the complaint or cause it to be investigated, unless he is of opinion that it is frivolous or vexatious, and
(ii) as soon as may be, notify the individual concerned in writing of his decision in relation to the complaint and that the individual may, if aggrieved by his decision, appeal against it to the Court under section 26 of this Act within 21 days from the receipt by him of the notification.
(2) If the Commissioner is of opinion that a person, being a data controller or a data processor, has contravened or is contravening a provision of this Act (other than a provision the contravention of which is an offence), the Commissioner may, by notice in writing (referred to in this Act as an enforcement notice) served on the person, require him to take such steps as are specified in the notice within such time as may be so specified to comply with the provision concerned.
(3) Without prejudice to the generality of subsection (2) of this section, if the Commissioner is of opinion that a data controller has contravened section 2 (1) of this Act, the relevant enforcement notice may require him—
(a) to rectify or erase any of the data concerned, or
(b) to supplement the data with such statement relating to the matters dealt with by them as the Commissioner may approve of; and as respects data that are inaccurate or not kept up to date, if he supplements them as aforesaid, he shall be deemed not to be in contravention of paragraph (b) of the said section 2 (1).
(4) An enforcement notice shall—
(a) specify any provision of this Act that, in the opinion of the Commissioner, has been or is being contravened and the reasons for his having formed that opinion, and
(b) subject to subsection (6) of this section, state that the person concerned may appeal to the Court under section 26 of this Act against the requirement specified in the notice within 21 days from the service of the notice on him.
(5) Subject to subsection (6) of this section, the time specified in an enforcement notice for compliance with a requirement specified therein shall not be expressed to expire before the end of the period of 21 days specified in subsection (4) (b) of this section and, if an appeal is brought against the requirement, the requirement need not be complied with and subsection (9) of this section shall not apply in relation thereto, pending the determination or withdrawal of the appeal.
(6) If the Commissioner—
(a) by reason of special circumstances, is of opinion that a requirement specified in an enforcement notice should be complied with urgently, and
(b) includes a statement to that effect in the notice,
subsections (4) (b) and (5) of this section shall not apply in relation to the notice, but the notice shall contain a statement of the effect of the provisions of section 26 (other than subsection (3)) of this Act and shall not require compliance with the requirement before the end of the period of 7 days beginning on the date on which the notice is served.
(7) On compliance by a data controller with a requirement under subsection (3) of this section, he shall, as soon as may be and in any event not more than 40 days after such compliance, notify—
(a) the data subject concerned, and
(b) if such compliance materially modifies the data concerned, any person to whom the data were disclosed during the period beginning 12 months before the date of the service of the enforcement notice concerned and ending immediately before such compliance,
of the rectification, erasure or statement concerned.
(8) The Commissioner may cancel an enforcement notice and, if he does so, shall notify in writing the person on whom it was served accordingly.
(9) A person who, without reasonable excuse, fails or refuses to comply with a requirement specified in an enforcement notice shall be guilty of an offence.
num: 11
paragraphs: —(1) The Commissioner may, subject to the provisions of this section, prohibit the transfer of personal data from the State to a place outside the State.
(2) The Commissioner, when considering whether to prohibit a proposed transfer of personal data from the State to a place in a state bound by the Convention, shall have regard to the provisions of Article 12 of the Convention.
(3) The Commissioner shall not prohibit a proposed transfer of personal data from the State to a place outside the State unless he is of opinion that the transfer would, if the place were in a state bound by the Convention, be likely to lead to a contravention of the basic principles for data protection set out in Chapter II of the Convention.
(4) In determining whether to prohibit a transfer of personal data under this section, the Commissioner shall also consider whether the transfer would be likely to cause damage or distress to any person and have regard to the desirability of facilitating international transfers of data.
(5) A prohibition under subsection (1) of this section shall be effected by the service of a notice (referred to in this Act as a prohibition notice) on the person proposing to transfer the data concerned.
(6) A prohibition notice shall—
(a) prohibit the transfer concerned either absolutely or until the person aforesaid has taken such steps as are specified in the notice for protecting the interests of the data subjects concerned,
(b) specify the time when it is to take effect,
(c) specify the grounds for the prohibition, and
(d) subject to subsection (8) of this section, state that the person concerned may appeal to the Court under section 26 of this Act against the prohibition specified in the notice within 21 days from the service of the notice on him.
(7) Subject to subsection (8) of this section, the time specified in a prohibition notice for compliance with the prohibition specified therein shall not be expressed to expire before the end of the period of 21 days specified in subsection (6) (d) of this section and, if an appeal is brought against the prohibition, the prohibition need not be complied with and subsection (13) of this section shall not apply in relation thereto, pending the determination or withdrawal of the appeal.
(8) If the Commissioner—
(a) by reason of special circumstances, is of opinion that a prohibition specified in a prohibition notice should be complied with urgently, and
(b) includes a statement to that effect in the notice,
subsections (6) (d) and (7) of this section shall not apply in relation to the notice but the notice shall contain a statement of the effect of the provisions of section 26 (other than subsection (3)) of this Act and shall not require compliance with the prohibition before the end of the period of 7 days beginning on the date on which the notice is served.
(9) The Commissioner may cancel a prohibition notice and, if he does so, shall notify in writing the person on whom it was served accordingly.
(10) This section shall not apply to a transfer of data if the transfer of the data or the information constituting the data is required or authorised by or under any enactment or required by any convention or other instrument imposing an international obligation on the State.
(11) For the purposes of this section, a place shall be deemed to be in a state bound by the Convention if it is in any territory in respect of which the state is so bound.
(12) (a) This section applies, with any necessary modifications, to a transfer of information from the State to a place outside the State for conversion into personal data as it applies to a transfer of personal data from the State to such a place.
(b) In paragraph (a) of this subsection “information” means information (not being data) relating to a living individual who can be identified from it.
(13) A person who, without reasonable excuse, fails or refuses to comply with a prohibition specified in a prohibition notice shall be guilty of an offence.
num: 12
paragraphs: —(1) The Commissioner may, by notice in writing (referred to in this Act as an information notice) served on a person, require the person to furnish to him in writing within such time as may be specified in the notice such information in relation to matters specified in the notice as is necessary or expedient for the performance by the Commissioner of his functions.
(2) Subject to subsection (3) of this section—
(a) an information notice shall state that the person concerned may appeal to the Court under section 26 of this Act against the requirement specified in the notice within 21 days from the service of the notice on him, and
(b) the time specified in the notice for compliance with a requirement specified therein shall not be expressed to expire before the end of the period of 21 days specified in paragraph (a) of this subsection and, if an appeal is brought against the requirement, the requirement need not be complied with and subsection (5) of this section shall not apply in relation thereto, pending the determination or withdrawal of the appeal.
(3) If the Commissioner—
(a) by reason of special circumstances, is of opinion that a requirement specified in an information notice should be complied with urgently, and
(b) includes a statement to that effect in the notice,
subsection (2) of this section shall not apply in relation to the notice, but the notice shall contain a statement of the effect of the provisions of section 26 (other than subsection (3)) of this Act and shall not require compliance with the requirement before the end of the period of 7 days beginning on the date on which the notice is served.
(4) (a) No enactment or rule of law prohibiting or restricting the disclosure of information shall preclude a person from furnishing to the Commissioner any information that is necessary or expedient for the performance by the Commissioner of his functions.
(b) Paragraph (a) of this subsection does not apply to information that in the opinion of the Minister or the Minister for Defence is, or at any time was, kept for the purpose of safeguarding the security of the State or information that is privileged from disclosure in proceedings in any court.
(5) A person who, without reasonable excuse, fails or refuses to comply with a requirement specified in an information notice or who in purported compliance with such a requirement furnishes information to the Commissioner that the person knows to be false or misleading in a material respect shall be guilty of an offence.
num: 13
paragraphs: —(1) The Commissioner shall encourage trade associations and other bodies representing categories of data controllers to prepare codes of practice to be complied with by those categories in dealing with personal data.
(2) The Commissioner may approve of any code of practice so prepared (referred to subsequently in this section as a code) if he is of opinion that it provides for the data subjects concerned a measure of protection with regard to personal data relating to them that conforms with that provided for by sections 2 , 3 , 4 (other than subsection (8)) and 6 of this Act and shall encourage its dissemination to the data controllers concerned.
(3) Any such code that is so approved of may be laid by the Minister before each House of the Oireachtas and, if each such House passes a resolution approving of it, then—
(a) in so far as it relates to dealing with personal data by the categories of data controllers concerned—
(i) it shall have the force of law in accordance with its terms, and
(ii) upon its commencement, references (whether specific or general) in this Act to any of the provisions of the said sections shall be construed (or, if the code is in substitution for a code having the force of law by virtue of this subsection, continue to be construed) as if they were also references to the relevant provisions of the code for the time being having the force of law,
and
(b) it shall be deemed to be a statutory instrument to which the Statutory Instruments Act, 1947 , primarily applies.
(4) This section shall apply in relation to data processors as it applies in relation to categories of data controllers with the modification that the references in this section to the said sections shall be construed as references to section 2 (1) (d) of this Act and with any other necessary modifications.
num: 14
paragraphs: —(1) The Commissioner shall in each year after the year in which the first Commissioner is appointed prepare a report in relation to his activities under this Act in the preceding year and cause copies of the report to be laid before each House of the Oireachtas.
(2) Notwithstanding subsection (1) of this section, if, but for this subsection, the first report under that subsection would relate to a period of less than 6 months, the report shall relate to that period and to the year immediately following that period and shall be prepared as soon as may be after the end of that year.
num: 15
paragraphs: —(1) The Commissioner is hereby designated for the purposes of Chapter IV (which relates to mutual assistance) of the Convention.
(2) The Minister may make any regulations that he considers necessary or expedient for the purpose of enabling the said Chapter IV to have full effect.
Registration
num: 16
paragraphs: —(1) This section applies to the following persons, that is to say:
num: 17
paragraphs: —(1) (a) A person wishing to be registered in the register or to have a registration continued under section 18 of this Act or to have the particulars in an entry in the register altered shall make an application in writing in that behalf to the Commissioner and shall furnish to him such information as may be prescribed and any other information that he may require.
(b) Where a data controller intends to keep personal data for two or more purposes, he may make an application for separate registration in respect of any of those purposes and, subject to the provisions of this Act, entries shall be made in the register in accordance with any such applications.
(2) Subject to subsection (3) of this section, the Commissioner shall accept an application for registration, made in the prescribed manner and in respect of which such fee as may be prescribed has been paid, from a person to whom section 16 of this Act applies unless he is of opinion that—
(a) the particulars proposed for inclusion in an entry in the register are insufficient or any other information required by the Commissioner either has not been furnished or is insufficient, or
(b) the person applying for registration is likely to contravene any of the provisions of this Act.
(3) The Commissioner shall not accept such an application for registration as aforesaid from a data controller who keeps personal data specified in section 16 (1) (c) of this Act unless he is of opinion that appropriate safeguards for the protection of the privacy of the data subjects concerned are being, and will continue to be, provided by him.
(4) Where the Commissioner refuses an application for registration, he shall, as soon as may be, notify in writing the person applying for registration of the refusal and the notification shall—
(a) specify the reasons for the refusal, and
(b) state that the person may appeal to the Court under section 26 of this Act against the refusal within 21 days from the receipt by him of the notification.
(5) If—
(a) the Commissioner, by reason of special circumstances, is of opinion that a refusal of an application for registration should take effect urgently, and
(b) the notification of the refusal includes a statement to that effect and a statement of the effect of the provisions of section 26 (other than subsection (3)) of this Act,
paragraph (b) of subsection (4) of this section shall not apply in relation to the notification and paragraph (b) of subsection (6) of this section shall be construed and have effect as if for the words from and including “21 days” to the end of the paragraph there were substituted “7 days beginning on the date on which the notification was received,”.
(6) Subject to subsection (5) of this section, a person who has made an application for registration shall—
(a) until he is notified that it has been accepted or it is withdrawn, or
(b) if he is notified that the application has been refused, until the end of the period of 21 days within which an appeal may be brought under section 26 of this Act against the refusal and, if such an appeal is brought, until the determination or withdrawal of the appeal,
be treated for the purposes of section 19 of this Act as if the application had been accepted and the particulars contained in it had been included in an entry in the register on the date on which the application was made.
(7) Subsections (2) to (6) of this section apply, with any necessary modifications, to an application for continuance of registration and an application for alteration of the particulars in an entry in the register as they apply to an application for registration.
num: 18
paragraphs: —(1) A registration (whether it is the first registration or a registration continued under this section) shall be for the prescribed period and on the expiry thereof the relevant entry shall be removed from the register unless the registration is continued as aforesaid.
(2) The prescribed period (which shall not be less than one year) shall be calculated—
(a) in the case of a first registration, from the date on which the relevant entry was made in the register, and
(b) in the case of a registration which has been continued under this section, from the date from which it was so continued.
(3) The Commissioner shall, subject to the provisions of this Act, continue a registration, whether it has previously been continued under this section or not.
(4) Notwithstanding the foregoing provisions of this section, the Commissioner may at any time, at the request of the person to whom an entry relates, remove it from the register.
num: 19
paragraphs: —(1) A data controller to whom section 16 of this Act applies shall not keep personal data unless there is for the time being an entry in the register in respect of him.
(2) A data controller in respect of whom there is an entry in the register shall not—
(a) keep personal data of any description other than that specified in the entry,
(b) keep or use personal data for a purpose other than the purpose or purposes described in the entry,
(c) if the source from which such data, and any information intended for inclusion in such data, are obtained is required to be described in the entry, obtain such data or information from a source that is not so described,
(d) disclose such data to a person who is not described in the entry (other than a person to whom a disclosure of such data may be made in the circumstances specified in section 8 of this Act),
(e) directly or indirectly transfer such data to a place outside the State other than one named or described in the entry.
(3) An employee or agent (not being a data processor) of a data controller mentioned in subsection (2) of this section shall, as respects personal data kept or, as the case may be, to be kept by the data controller, be subject to the same restrictions in relation to the use, source, disclosure or transfer of the data as those to which the data controller is subject under that subsection.
(4) A data processor to whom section 16 applies shall not process personal data unless there is for the time being an entry in the register in respect of him.
(5) If and whenever a person in respect of whom there is an entry in the register changes his address, he shall thereupon notify the Commissioner of the change.
(6) A person who contravenes subsection (1), (4) or (5), or knowingly contravenes any other provision, of this section shall be guilty of an offence.
num: 20
paragraphs: —(1) The following matters, and such other matters (if any) as may be necessary or expedient for the purpose of enabling sections 16 to 19 of this Act to have full effect, may be prescribed:
(a) the procedure to be followed in relation to applications by persons for registration, continuance of registration or alteration of the particulars in an entry in the register or for withdrawal of such applications,
(b) the information required to be furnished to the Commissioner by such persons, and
(c) the particulars to be included in entries in the register,
and different provision may be made in relation to the matters aforesaid as respects different categories of persons.
(2) A person who in purported compliance with a requirement prescribed under this section furnishes information to the Commissioner that the person knows to be false or misleading in a material respect shall be guilty of an offence.
Miscellaneous
num: 21
paragraphs: —(1) Personal data processed by a data processor shall not be disclosed by him, or by an employee or agent of his, without the prior authority of the data controller on behalf of whom the data are processed.
(2) A person who knowingly contravenes subsection (1) of this section shall be guilty of an offence.
num: 22
paragraphs: —(1) A person who—
(a) obtains access to personal data, or obtains any information constituting such data, without the prior authority of the data controller or data processor by whom the data are kept, and
(b) discloses the data or information to another person,
shall be guilty of an offence.
(2) Subsection (1) of this section does not apply to a person who is an employee or agent of the data controller or data processor concerned.
num: 23
paragraphs: —(1) Subject to the provisions of this section, this Act does not apply to a data controller in respect of data kept, or to a data processor in respect of data processed, outside the State.
(2) For the purposes of this section, data shall be deemed to be—
(a) kept by a data controller in the place where he controls their contents and use, and
(b) processed by a data processor in the place where the relevant data equipment is located.
(3) Where a person who is not resident in the State controls the contents and use of personal data kept within the State, or processes any such data, through an employee or agent in the State, this Act shall apply as if that control was exercised or, as the case may be, the data were processed by the employee or agent acting on his own account.
(4) This Act does not apply to data processed wholly outside the State unless the data are used or intended to be used in the State.
(5) Section 19 (2) (e) of this Act does not apply to the transfer of data that are already outside the State.
num: 24
paragraphs: —(1) In this section “authorised officer” means a person authorised in writing by the Commissioner to exercise, for the purposes of this Act, the powers conferred by this section.
(2) An authorised officer may, for the purpose of obtaining any information that is necessary or expedient for the performance by the Commissioner of his functions, on production of the officer's authorisation, if so required—
(a) at all reasonable times enter premises that he reasonably believes to be occupied by a data controller or a data processor, inspect the premises and any data therein (other than data consisting of information specified in section 12 (4) (b) of this Act) and inspect, examine, operate and test any data equipment therein,
(b) require any person on the premises, being a data controller, a data processor or an employee of either of them, to disclose to the officer any such data and produce to him any data material (other than data material consisting of information so specified) that is in that person's power or control and to give to him such information as he may reasonably require in regard to such data and material,
(c) either on the premises or elsewhere, inspect and copy or extract information from such data, or inspect and copy or take extracts from such material, and
(d) require any person mentioned in paragraph (b) of this subsection to give to the officer such information as he may reasonably require in regard to the procedures employed for complying with the provisions of this Act, the sources from which such data are obtained, the purposes for which they are kept, the persons to whom they are disclosed and the data equipment in the premises.
(3) Subject to subsection (5) of this section, subsection (2) of this section shall not apply in relation to a financial institution.
(4) Whenever the Commissioner considers it necessary or expedient for the performance by him of his functions that an authorised officer should exercise, in relation to a financial institution, the powers conferred by subsection (2) of this section, the Commissioner may apply to the High Court for an order under this section.
(5) Whenever, on an application to it under subsection (4) of this section, the High Court is satisfied that it is reasonable to do so and is satisfied that the exigencies of the common good so warrant, it may make an order authorising an authorised officer to exercise the powers conferred by subsection (2) of this section in relation to the financial institution concerned, subject to such conditions (if any) as it thinks proper and specifies in the order.
(6) A person who obstructs or impedes an authorised officer in the exercise of a power, or, without reasonable excuse, does not comply with a requirement, under this section or who in purported compliance with such a requirement gives information to an authorised officer that he knows to be false or misleading in a material respect shall be guilty of an offence.
num: 25
paragraphs: —Any notice authorised by this Act to be served on a person by the Commissioner may be served—
(a) if the person is an individual—
(i) by delivering it to him or
(ii) by sending it to him by post addressed to him at his usual or last-known place of residence or business, or
(iii) by leaving it for him at that place,
(b) if the person is a body corporate or an unincorporated body of persons, by sending it to the body by post to, or addressing it to and leaving it at, in the case of a company, its registered office (within the meaning of the Companies Act, 1963 ) and, in any other case, its principal place of business.
num: 26
paragraphs: —(1) An appeal may be made to and heard and determined by the Court against—
(a) a requirement specified in an enforcement notice or an information notice,
(b) a prohibition specified in a prohibition notice,
(c) a refusal by the Commissioner under section 17 of this Act, notified by him under that section, and
(d) a decision of the Commissioner in relation to a complaint under section 10 (1) (a) of this Act,
and such an appeal shall be brought within 21 days from the service on the person concerned of the relevant notice or, as the case may be, the receipt by such person of the notification of the relevant refusal or decision.
(2) The jurisdiction conferred on the Court by this Act shall be exercised by the judge for the time being assigned to the circuit where the appellant ordinarily resides or carries on any profession, business or occupation or, at the option of the appellant, by a judge of the Court for the time being assigned to the Dublin circuit.
(3) (a) Subject to paragraph (b) of this subsection, a decision of the Court under this section shall be final.
(b) An appeal may be brought to the High Court on a point of law against such a decision; and references in this Act to the determination of an appeal shall be construed as including references to the determination of any such appeal to the High Court and of any appeal from the decision of that Court.
(4) Where—
(a) a person appeals to the Court pursuant to paragraph (a), (b) or (c) of subsection (1) of this section,
(b) the appeal is brought within the period specified in the notice or notification mentioned in paragraph (c) of this subsection, and
(c) the Commissioner has included a statement in the relevant notice or notification to the effect that by reason of special circumstances he is of opinion that the requirement or prohibition specified in the notice should be complied with, or the refusal specified in the notification should take effect, urgently,
then, notwithstanding any provision of this Act, if the Court, on application to it in that behalf, so determines, non-compliance by the person with a requirement or prohibition specified in the notice, or, as the case may be, a contravention by him of section 19 of this Act, during the period ending with the determination or withdrawal of the appeal or during such other period as may be determined as aforesaid shall not constitute an offence.
num: 27
paragraphs: —(1) In any proceedings—
(a) a certificate signed by the Minister or the Minister for Defence and stating that in his opinion personal data are, or at any time were, kept for the purpose of safeguarding the security of the State shall be evidence of that opinion,
(b) a certificate—
(i) signed by a member of the Garda SÃ­ochÃ¡na not below the rank of chief superintendent or an officer of the Permanent Defence Force who holds an army rank not below that of colonel and is designated by the Minister for Defence under section 8 (a) of this Act, and
(ii) stating that in the opinion of the member or, as the case may be, the officer a disclosure of personal data is required for the purpose aforesaid,
shall be evidence of that opinion, and
(c) a document purporting to be a certificate under paragraph (a) or (b) of this subsection and to be signed by a person specified in the said paragraph (a) or (b), as appropriate, shall be deemed to be such a certificate and to be so signed unless the contrary is proved.
(2) Information supplied by a person in compliance with a request under section 3 or 4 (1) of this Act, a requirement under this Act or a direction of a court in proceedings under this Act shall not be admissible in evidence against him or his spouse in proceedings for an offence under this Act.
num: 28
paragraphs: —The whole or any part of any proceedings under this Act may, at the discretion of the court, be heard otherwise than in public.
num: 29
paragraphs: —(1) Where an offence under this Act has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person, being a director, manager, secretary or other officer of that body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) of this section shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director or manager of the body corporate.
num: 30
paragraphs: —(1) Summary proceedings for an offence under this Act may be brought and prosecuted by the Commissioner.
(2) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence under this Act may be instituted within one year from the date of the offence.
num: 31
paragraphs: —(1) A person guilty of an offence under this Act shall be liable—
(a) on summary conviction, to a fine not exceeding £1,000, or
(b) on conviction on indictment, to a fine not exceeding £50,000.
(2) Where a person is convicted of an offence under this Act, the court may order any data material which appears to the court to be connected with the commission of the offence to be forfeited or destroyed and any relevant data to be erased.
(3) The court shall not make an order under subsection (2) of this section in relation to data material or data where it considers that some person other than the person convicted of the offence concerned may be the owner of, or otherwise interested in, the data unless such steps as are reasonably practicable have been taken for notifying that person and giving him an opportunity to show cause why the order should not be made.
(4) Section 13 of the Criminal Procedure Act, 1967, shall apply in relation to an offence under this Act that is not being prosecuted summarily as if, in lieu of the penalties provided for in subsection (3) (a) of that section, there were specified therein the fine provided for in subsection (1) (a) of this section and the reference in subsection (2) (a) of the said section 13 to the penalties provided for by subsection (3) shall be construed and have effect accordingly.
num: 32
paragraphs: —Every regulation made under this Act (other than section 2 ) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
num: 33
paragraphs: —(1) Fees under this Act shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.
(2) The Public Offices Fees Act, 1879, shall not apply in respect of any fees under this Act.
num: 34
paragraphs: —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
num: 35
paragraphs: —(1) This Act may be cited as the Data Protection Act, 1988.
(2) This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.