Data Sharing and Governance Act 2019

• Act Number: 5
• Enactment Date: 04 March 2019

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Number 5 of 2019

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DATA SHARING AND GOVERNANCE ACT 2019

REVISED

Updated to 26 June 2023

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This Revised Act is an administrative consolidation of the Data Sharing and Governance Act 2019. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Civil Defence Act 2023 (17/2023), enacted 26 June 2023, and all statutory instruments up to and including the Data Sharing and Governance Act 2019 (Exempted Body) Order 2023 (S.I. No. 337 of 2023), made 26 June 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

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Number 5 of 2019

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DATA SHARING AND GOVERNANCE ACT 2019

REVISED

Updated to 26 June 2023

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Online Safety and Media Regulation Act 2022 (41/2022)

• Water Services (Amendment) Act 2022 (39/2022)

• Greyhound Racing Act 2019 (15/2019)

All Acts up to and including Civil Defence Act 2023 (17/2023), enacted 26 June 2023, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Data Sharing and Governance Act 2019 (Exempted Body) Order 2023 (S.I. No. 337 of 2023)

• Data Sharing and Governance Act 2019 (Commencement of Certain Provisions) Order 2022 (S.I. No. 137 of 2022)

• Data Sharing and Governance Act 2019 (Commencement of Certain Provisions) Order 2021 (S.I. No. 334 of 2021)

• Data Sharing And Governance Act 2019 (Commencement Of Certain Provisions) Order 2019 (S.I. No. 189 of 2019)

All statutory instruments up to and including Agriculture Appeals Act 2001 (Amendment of Schedule) (No. 2) Regulations 2022 (S.I. No. 337 of 2023), made 26 June 2023, were considered in the preparation of this revision.

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Number 5 of 2019

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DATA SHARING AND GOVERNANCE ACT 2019

REVISED

Updated to 26 June 2023

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Acts Referred to

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)

Civil Registration Act 2004 (No. 3)

Civil Service Regulation Act 1956 (No. 46)

Communications Regulation (Postal Services) Act 2011 (No. 21)

Companies Act 2014 (No. 38)

Comptroller and Auditor General Acts 1866 to 1998

Copyright and Related Rights Act 2000 (No. 28)

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6)

Criminal Justice (Terrorist Offences) Act 2005 (No. 2)

Criminal Law Act 1976 (No. 32)

Data Protection Act 2018 (No. 7)

Data Protection Acts 1988 to 2018

Education Act 1998 (No. 51)

Education and Training Boards Act 2013 (No. 11)

Electronic Commerce Act 2000 (No. 27)

Employment Equality Act 1998 (No. 21)

European Parliament Elections Act 1997 (No. 2)

Family Law (Divorce) Act 1996 (No. 33)

Family Law Act 1995 (No. 26)

Interpretation Act 2005 (No. 23)

Irish Human Rights and Equality Commission Act 2014 (No. 25)

Local Government Act 2001 (No. 37)

Ministers and Secretaries (Amendment) Act 2011 (No. 10)

National Shared Services Office Act 2017 (No. 26)

Offences against the State Acts 1939 to 1998

Public Service Pay and Pensions Act 2017 (No. 34)

Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37)

Public Service Superannuation (Miscellaneous Provisions) Act 2004 (No. 7)

Social Welfare Consolidation Act 2005 (No. 26)

Statistics Act 1993 (No. 21)

Taxes Consolidation Act 1997 (No. 39)

Vital Statistics and Births, Deaths and Marriages Registration Act 1952 (No. 8)

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Number 5 of 2019

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DATA SHARING AND GOVERNANCE ACT 2019

REVISED

Updated to 26 June 2023

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An Act to provide for the regulation of the sharing of information, including personal data, between public bodies; to provide for the regulation of the management of information by public bodies; to provide for the establishment of base registries; to provide for the collection of public service information; to establish the Data Governance Board; to amend the Taxes Consolidation Act 1997; to amend the Social Welfare Consolidation Act 2005; to amend the Ministers and Secretaries (Amendment) Act 2011; to amend the National Shared Services Office Act 2017; and to provide for related matters.

[4th March, 2019]

Be it enacted by the Oireachtas as follows:

PART 1

Preliminary and General

1

Short title and commencement

1. (1) This Act may be cited as the Data Sharing and Governance Act 2019.

(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

Annotations:

Editorial Notes:

E1

Power pursuant to subs. (2) exercised (23.03.2022) by Data Sharing and Governance Act 2019 (Commencement of Certain Provisions) Order 2022 (S.I. No. 137 of 2022).

2. The Data Sharing and Governance Act 2019 (Commencement of Certain Provisions) Order 2021 (S.I. No. 334 of 2021) is amended by the substitution of the following for Article 3:

“3. The 16th day of December 2022 is appointed as the day on which subsections (2) and (3) of section 6 of the Data Sharing and Governance Act 2019 come into operation.”

E2

Power pursuant to subs. (2) exercised (7.07.2021) by Data Sharing and Governance Act 2019 (Commencement of Certain Provisions) Order 2021 (S.I. No. 334 of 2021).

2. The 7th day of July 2021 is appointed as the day on which so much of the Data Sharing and Governance Act 2019 (No. 5 of 2019) as is not in operation (other than subsections (2) and (3) of section 6) comes into operation.

3. The 31st day of March 2022 is appointed as the day on which subsections (2) and (3) of section 6 of the Data Sharing and Governance Act 2019 come into operation.

E3

Power pursuant to subs. (2) exercised (18.04.2019) by Data Sharing And Governance Act 2019 (Commencement Of Certain Provisions) Order 2019 (S.I. No. 189 of 2019).

2. The 18th day of April 2019 is appointed as the day on which the following provisions of the Data Sharing and Governance Act 2019 (No. 5 of 2019) come into operation:

(a) Part 1;

(b) section 5;

(c) section 6(1);

(d) subsections (1), (2), (3) and (5) of section 7, for the purposes of the application of those provisions to the disclosure of personal data under Part 5;

(e) section 8(1);

(f) sections 9, 10, 11 and 12;

(g) section 13, for the purposes of the application of that section to the disclosure of personal data under Part 5;

(h) Part 5;

(i) Part 6, other than sections 34(3) and 36;

(j) Part 10, other than sections 69 and 70.

2

Definitions

2. In this Act—

“Act of 1997” means the Taxes Consolidation Act 1997;

“Act of 2005” means the Social Welfare Consolidation Act 2005;

“Act of 2014” means the Companies Act 2014;

“base registry” means a database which is designated as such in an order made under section 37(1);

“base registry owner” means a public body specified as such in respect of a base registry in an order made under section 37(1);

“Board” has the meaning assigned to it by section 45(1);

“company” means a company formed and registered under the Act of 2014 or an existing company within the meaning of that Act;

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

“data protection impact assessment” means an assessment carried out for the purposes of Article 35 of the General Data Protection Regulation;

“data protection law” means—

(a) the Data Protection Acts 1988 to 2018,

(b) the General Data Protection Regulation,

(c) all law of the State giving further effect to the General Data Protection Regulation, and

(d) all law of the State giving effect or further effect to Directive 2016/680;

“data protection officer” in respect of a public body, means the person designated in accordance with Article 37 of the General Data Protection Regulation;

“data-sharing” shall be construed in accordance with section 9;

“data-sharing agreement” means an...