Data Protection Act 1988 (Section 16(1)) Regulations, 2007

• Jurisdiction: Ireland
• Year: 2007
• Citation: IR SI 657/2007

S.I. No. 657 of 2007

DATA PROTECTION ACT 1988 (SECTION 16(1)) REGULATIONS 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd October, 2007.

I, BRIAN LENIHAN, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 16 (1) (inserted by section 16 of the Data Protection (Amendment) Act 2003 (No. 6 of 2003)) of the Data Protection Act 1988 (No. 25 of 1988) and the Justice (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 298 of 1997 ), andafter consultation with the Data Protection Commissioner, hereby make the following regulations:

Citation and commencement.

1. (1) These Regulations may be cited as the Data Protection Act 1988 (Section 16(1)) Regulations 2007.

(2) These Regulations come into operation on 1 October 2007.

Interpretation.

2. In these Regulations—

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

“health professional” means a registered medical practitioner within themeaning of the Medical Practitioners Act 1978 (No. 4 of 1978), a registered dentist within the meaning of the Dentists Act 1985 (No. 9 of 1985) or a member of a designated profession within the meaning of section 3 of the Health and Social Care Professionals Act 2005 (No. 27 of 2005);

“legal services” has the same meaning as it has in section 2 (as amended by section 45 of the Investor Companies Act 1998 (No. 37 of 1998)) of the Solicitors (Amendment) Act 1994 (No. 27 of 1994);

“local authority” means a local authority for the purposes of the Local Government Act 2001 (No. 37 of 2001);

“medical purposes” means the purposes of preventive medicine, medical diagnosis, medical research, the provision of care and treatment and the management of healthcare services;

“political office” means—

(a) the office of President of Ireland, or

(b) membership of—

(i) either House of the Oireachtas,

(ii) the European Parliament, or

(iii) a local authority;

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

“publication”, in relation to journalistic, artistic or literary material, means the act of making the material available to the public or any section of the public in any form or by any means;

“solicitor” has the same meaning as it has in section 3 (as amended by section 3 of the Solicitors (Amendment) Act 1994 ) of the Solicitors Act 1954 (No. 36 of 1954).

Data controllers and data processors specified.

3. (1) Subject to paragraph (2) and Regulation 4, the following categories of data controller and data processor are specified for the purposes of section 16(1) (inserted by section 16 of the Act of 2003) of the Principal Act:

(a) a data controller who processes personal data relating to the data controller’s past, existing or prospective employees in the ordinary course of personnel administration and not for any other purpose, where the data are not processed other than where it is necessary to carry out such processing in the ordinary course of personnel administration;

(b) a data controller, being a person—

(i) who is seeking or intends to seek nomination as a candidate for election to a political office,

(ii) who is nominated as a candidate for election to a political office, or

(iii) who holds a political office,

and who processes personal data relating to—

(I) electors, for the purpose of electoral activities,

(II) persons from whom donations are sought by the data controller, for political purposes,

(III) persons by whom or on whose behalf donations are made to the data controller, for political purposes,

(IV) persons seeking advice or assistance from the data controller in his or her capacity as a person falling under clause (i), (ii) or (iii), for the purpose of providing such advice or assistance,

where the data are not processed other than where it is necessary to carry out such processing for the purpose of electoral activities, for political purposes or providing such advice or assistance to a data subject, as the case may be;

(c) a data controller, being a person who sought nomination as a candidate for election to a political office but was not so nominated, or who was so nominated, but who was not elected to such office at the election in respect of which he or she was so nominated, who, for a reasonable period thereafter, processes personal data relating to—

(i) electors, for the purpose of electoral activities,

(ii) persons from whom donations are sought by the data controller, for political purposes,

(iii) persons by whom or on whose behalf donations are made to the data controller, for political purposes,

(iv) persons seeking advice or assistance from the data controller in his or her capacity as a person who sought nomination as a candidate for election to a political office or election to such office, as the case may be, for the purpose of providing such advice or assistance,

where the data are not processed other than where it is necessary to carry out such processing for the purpose of electoral activities, for political purposes or providing such advice or assistance to a data subject, as the case may be;

(d) a data controller, being an educational establishment, that is—

(i) a preschool service within the meaning of Part VII of the Child Care Act 1991 (No. 17 of 1991),

(ii) a primary school,

(iii) a post-primary school,

(iv) an institution providing adult, continuing or further education, or

(v) a university or any other third-level or higher-level institution,

whether or not supported by public funds and which processes personal data relating to the students of such an establishment and the parents (within the meaning of section 2 of the Education Act 1998 (No. 51 of 1998)) of such students for purposes relating to the students’ education, where the data are not processed other than where it is necessary to carry out such processing for purposes relating to the students’ education;

(e) a data controller, being a solicitor who, for the purpose of providing legal services to his or her clients, processes...