Communications Regulation (Postal Services) (Amendment) Act 2015

Publication Date:January 01, 2015
 
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Communications Regulation (Postal Services) (Amendment) Act 2015

2015 Number 20

An Act to amend the Communications Regulation (Postal Services) Act 2011 ; and to provide for related matters.

[2nd July 2015]

Be it enacted by the Oireachtas as follows:

S-1 Definition

1 Definition

1. In this Act "Principal Act" means the Communications Regulation (Postal Services) Act 2011 .

S-2 Amendment of Principal Act

2 Amendment of Principal Act

2. Part 3 of the Principal Act is amended by-

(a) the insertion of the following section before section 66:

"Interpretation

65A. (1) In this Part-

'Act of 1988' means the Data Protection Act 1988 ;

'end user' means a person who has entered into an end user contract with a postcode contractor or a value added reseller;

'end user contract' means a contract entered into between the postcode contractor or a value added reseller and an end user pursuant to which the postcode contractor or the value added reseller supplies a value added service to the end user;

'legitimate postcode activity' shall be construed in accordance with subsection (2);

'national postcode system' has the meaning assigned to it by section 66(1);

'personal data' has the meaning assigned to it by section 1(1) of the Act of 1988;

'personalised data' is information (other than a postcode, a geo-coordinate, an address or a variation of an address) associated to a postcode in a postcode database that:

(a) is unique to a property and is associated in the postcode database concerned to the postcode corresponding to the address of that property, unless such information is lawfully and publicly available or accessible;

(b) is associated directly or indirectly in the postcode database concerned to the name of a person;

(c) is unique to an owner or occupier of property and is directly or indirectly associated in the postcode database concerned to the postcode corresponding to the address of that property;

'postcode' has the meaning assigned to it by section 66(1);

'postcode contractor' means the person with whom the Minister has entered into a contract under section 66(2);

'postcode database' means any database established and maintained by the postcode contractor or a value added reseller that contains or includes postcodes;

'privacy notice' shall be construed in accordance with section 66B;

'processing' has the meaning assigned to it by section 1(1) of the Act of 1988;

'universal postal service provider' has the meaning assigned to it by section 6(1);

'value added reseller' means the holder of a value added reseller licence;

'value added reseller licence' means a licence between the postcode contractor and a value added reseller, that authorises the value added reseller to supply a value added service in respect of a postcode database;

'value added service' means the supply by a value added reseller to an end user of a postcode database or a product or service that uses or is derived from a postcode database.

(2) For the purposes of this Part, each of the following is a legitimate postcode activity:

(a) the development, implementation or maintenance by the Minister or the postcode contractor of the national postcode system;

(b) the association of a geo-coordinate or address (including any variation of an address) to a postcode by the Minister or the postcode contractor for the purposes of the development, implementation or maintenance of the national postcode system;

(c) the dissemination (including through the processing of personal data controlled by An Post, a universal postal service provider or such other person as the Minister considers appropriate), on behalf of either the postcode contractor or the Minister, of a postcode to its corresponding address by An Post, a universal postal service provider or such other person as the Minister considers appropriate;

(d) the matching (in this paragraph referred to as a 'matching service') for a person (in this paragraph referred to as a 'matching service end user') by the Minister, the postcode contractor or a value added reseller of an address (including variation of an address) to a postcode, or to a geo-coordinate associated to a postcode provided that-

(i) the information provided by the matching service end user to the Minister, postcode contractor or value added reseller for the purposes of obtaining the matching service is limited to one or more of the following:

(I) the address (including a variation of the address);

(II) an identifier of the property, other than the name of a person;

(III) such other information (other than the name of a person) specified by the Minister as appropriate to be provided,

and

(ii) the Minister, contractor or value added reseller does not provide to the matching service end user the name of any person owning or occupying the property in question;

(e) the inclusion within a postcode database by the Minister, postcode contractor or a value added reseller of a variation of an address obtained from a person who owns or occupies the property to which the address relates, or from an end user;

(f) the creation or management by the Minister, postcode contractor or a value added reseller of a postcode database that-

(i) does not include personalised data, or

(ii) includes personalised data with the consent of the person concerned;

(g) the licensing to a value added reseller by the Minister or postcode contractor, or the licensing to an end user by a...

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