Health Act 1947 (Section 31A – Temporary Requirements) (Covid-19 Passenger Locator Form) (Amendment) (No. 6) Regulations 2020.

• Published date: 25 August 2020
• Statutory Instrument No.: 314/2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 25th August, 2020.

I, STEPHEN DONNELLY, Minister for Health, in exercise of the powers conferred on me by sections 5 and 31A (inserted by section 10 of the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (No. 1 of 2020)) of the Health Act 1947 (No. 28 of 1947) and -

(a) having regard to the immediate, exceptional and manifest risk posed to human life and public health by the spread of Covid-19 and to the matters specified in subsection (2) of section 31A, and

(b) having consulted with the Minister for Foreign Affairs and Trade, the Minister for Justice and Equality, the Minister for Business, Enterprise and Innovation and the Minister for Transport, Tourism and Sport,

hereby make the following regulations:

1. These Regulations may be cited as the Health Act 1947 (Section 31A – Temporary Requirements) (Covid-19 Passenger Locator Form) (Amendment) (No. 6) Regulations 2020.

2. In these Regulations, “Principal Regulations” means the Health Act 1947 (Section 31A – Temporary Requirements) (Covid-19 Passenger Locator Form) Regulations 2020 (S.I. No. 181 of 2020).

3. These Regulations, other than Regulation 4, shall come into operation on the 26th day of August 2020.

4. (1) The Health Service Executive may process personal data pursuant to an electronically completed Covid-19 Passenger Locator Form.

(2) In this Regulation -

“Covid-19 Passenger Locator Form” means the form set out in the Schedule to these Regulations or a form to like effect made available by the Health Service Executive that may be completed electronically;

“General Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)1 ;

“personal data” has the meaning it has in the General Data Protection Regulation;

“process”, in relation to personal data, has the meaning it has in the General Data Protection Regulation.

5. Regulation 2 of the Principal Regulations is amended by the substitution of “the 9th day of November 2020” for “the 31st day of August 2020”.

6. Regulation 3 of the Principal Regulations is amended -

(a) by the substitution of the following definition for the definition of “Covid-19 Passenger Locator Form”:

“ ‘Covid-19 Passenger Locator Form’ means the form set out in the Schedule or a form to like effect made available by the Health Service Executive that may be completed electronically;”, and

(b) by the insertion of the following definitions:

“ ‘PLF receipt’ means a receipt issued electronically by the Health Service Executive, in such form as it may specify, to an international passenger on the completion electronically by the passenger of a Covid-19 Passenger Locator Form;

‘public health information’ means public health information or advice relating to Covid-19, including measures for preventing, limiting, minimising or slowing the spread of Covid-19;”.

7. The Principal Regulations are amended by the substitution of the following Regulation for Regulation 4:

“4. The following persons (each of whom, in these Regulations, is referred to as a ‘relevant person’) are specified as relevant persons for the purposes of these Regulations:

(a) officers of the Minister for Justice and Equality, being immigration officers appointed by that Minister under section 3 of the Immigration Act 2004 (No. 1 of 2004);

(b) persons appointed by the Health Service Executive under the programme commonly known as the Covid-19 Contact Management Programme;

(c) any officer, employee or agent of the Health Service Executive who is acting in the course of his or her duty as such officer, employee or agent in accordance with Regulation 6(3) or 6A;

(d) any agent of the Minister who is acting in...