Protection of Employees (Employers’ Insolvency) Act 1984 (Transfer of Personal Data) Regulations 2020

• Jurisdiction: Ireland
• Citation: IR SI 730/2020
• Year: 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th January, 2021.

I, LEO VARADKAR, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 8A of the Protection of Employees (Employers’ Insolvency) Act 1984 (No. 21 of 1984) (as adapted by the Business, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2020 (No. 519 of 2020)) hereby make the following regulations:

1. (1) These Regulations may be cited as the Protection of Employees (Employers’ Insolvency) Act 1984 (Transfer of Personal Data) Regulations 2020.

(2) The 31st day of December 2020 at 11.00 p.m. is appointed as the day on which and the time at which these Regulations shall come into operation.

2. In these Regulations, “Principal Act” means the Protection of Employees (Employers’ Insolvency) Act 1984 (No. 21 of 1984).

3. Where -

(a) an employer is insolvent under the laws, regulations and administrative procedures of the United Kingdom,

(b) the employees concerned are employed or habitually employed in the State, and

(c) the Minister receives an application under sections 6 or 7 (or both) of the Principal Act that -

(i) relates to that employer or those employees, and

(ii) has been made by or on behalf of a relevant officer, actuary or a person performing a similar task,

these Regulations apply to the transfer of personal data, and to the transfer of special categories of personal data, between the Minister and the relevant officer, actuary or a person performing a similar task in connection with the application.

4. (1) In considering an application referred to in Regulation 3, the Minister shall, in accordance with these Regulations, consider whether the transfer of personal data or special categories of personal data to or from the relevant officer, actuary or a person performing a similar task is necessary for the carrying out of the Minister’s functions under the Principal Act.

(2) A reference in paragraph (1) to considering an application includes -

(a) processing personal data and special categories of personal data that are relevant to the application, and

(b) considering any documentation submitted with or connected to the application that is relevant to such personal data.

5. In relation to an application referred to in Regulation 3, where the Minister considers that, for the purpose of carrying out of his or her functions under the...