Data Protection Act 1988 (Section 2A) Regulations 2013

• Jurisdiction: Ireland
• Citation: IR SI 313/2013

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th August, 2013.

WHEREAS section 2A (inserted by section 4 of the Data Protection (Amendment) Act 2003 (No. 6 of 2003)) 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 Irish air 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, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by sections 2A(1)(d) and 2A(2) (inserted by section 4 of the Data Protection (Amendment) Act 2003 ) 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 2013.

2. In these regulations—

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

“Act of 2003” means the Data Protection Act 2003 (No. 6 of 2003);

“Common Travel Area” means the State, the United Kingdom, the Channel Islands and the Isle of Man;

“Home Department” means the Home Department of the...