Data Protection Act 1988 (Section 2A) Regulations 2016.

Statutory Instrument No.220/2016
Published date06 May 2016

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th May, 2016.

WHEREAS section 2A of the Data Protection Act 1988 (No. 25 of 1988) provides that personal data shall not be processed by a data controller unless section 2 of that Act is complied with and at least one of a number of conditions specified in that section is met;

AND WHEREAS subsection (1)(d) of the said section 2A provides that one of those conditions is where the processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the fundamental rights and freedoms or legitimate interests of the data subject;

AND WHEREAS subsection (2) of the said section 2A provides that the Minister may, after consultation with the Data Protection Commissioner, by regulations specify particular circumstances in which subsection (1)(d) of section 2A is, or is not, to be taken as satisfied;

AND WHEREAS the processing by an air carrier or a sea carrier of certain personal data in respect of which it is a data controller, for the purposes of the disclosure of that data, in the circumstances set out in these regulations, to the Home Secretary of the United Kingdom, is necessary for the purposes of the legitimate interests pursued by that carrier and is also necessary for the purposes of the legitimate interests pursued by the Home Secretary;

NOW I, FRANCES FITZGERALD, Minister for Justice and Equality, in exercise of the powers conferred on me by sections 2A(1)(d) and 2A(2) of the Data Protection Act 1988 (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 138 of 2011 )), having consulted with the Data Protection Commissioner, make the following regulations:

1. These Regulations may be cited as the Data Protection Act 1988 (Section 2A) Regulations 2016.

2. In these regulations—

“Act of 1988” means the Data Protection Act 1988 (No. 25 of 1988);

“air carrier” means an undertaking established in the State that provides air services;

“air service” has the meaning it has in Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 20081 ;

“established in the State” shall be construed in accordance with section 1(3B)(b) of the Act of 1988;

“Home Department” means the Home Department of the United Kingdom,

which is also known as the Home Office;

“Home Secretary” means the Secretary of State for the Home Department;

“passenger” means a person carried by an air carrier on an aircraft or, as the case may be, a sea carrier in a passenger ship, other than a member of the crew of the aircraft or passenger ship concerned;

“passenger ship” means a sea-going ship that carries more than 12 passengers;

“relevant information” means—

(a) in relation to a person carried or to be carried by an air...

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