Data Protection Act 1988

Annual report.

14

14. F43 [ ]

Annotations:

Amendments:

F43

Repealed other than for certain excepted purposes (25.05.2018) by Data Protection Act 2018 (7/2018), s. 7(1)(g), (4), S.I. No. 174 of 2018. The excepted purposes in subs. (4) are 7/2018, s. 8(1)(b), (2), (3). See C-note below.

F44

Substituted (6.11.2003) by European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003 (S.I. No. 535 of 2003), reg. 23(1) as amended (20.12.2008) by European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) (Amendment) Regulations 2008 (S.I. No. 526 of 2008), reg. 10 which provides that ‘[t]he reference in Regulation 23(1) of the Principal Regulations to the Data Protection Acts 1988 and 2003 is to be read as, and is to be always taken to have been, a reference to the Data Protection Act 1988 (as amended by the Data Protection Act 2003)’.

F45

Inserted (1.07.2003) by Data Protection (Amendment) Act 2003 (6/2003), s. 15, S.I. No. 207 of 2003.

Modifications (not altering text):

C62

Section repealed, but retained (see below) for certain excepted purposes, (25.05.2018) by Data Protection Act 2018 (7/2018), s. 7(1)(g), (4), S.I. No. 174 of 2018. The excepted purposes in subs. (4) are 7/2018, s. 8(1)(b) (the processing of such data under the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014) or the Vehicle Registration Data (Automated Searching and Exchange) Act 2018 (5/2018) to the extent that the Act of 1988 is applied in those Acts) and s. 8(2), (3) (transitional provisions).

14. (1) The Commissioner shall in each year after the year in which the first Commissioner is appointed prepare a report in relation to his F44 [ activities under the European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003 and this Act ] in the preceding year and cause copies of the report to be laid before each House of the Oireachtas.

(2) Notwithstanding subsection (1) of this section, if, but for this subsection, the first report under that subsection would relate to a period of less than 6 months, the report shall relate to that period and to the year immediately following that period and shall be prepared as soon as may be after the end of that year.

F45 [ (3) For the purposes of the law of defamation, a report under subsection (1) shall be absolutely privileged. ]

Editorial Notes:

E41

The European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003 mentioned in subs. (1) were repealed and replaced (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 , S.I. No. 336 of 2011, reg. 35, subject to transitional provisions in reg. 34.

E42

Previous affecting provision: subs. (1) amended (8.05.2002) by European Communities (Data Protection and Privacy in Telecommunications) Regulations 2002 (S.I. No. 192 of 2002), reg. 19; amendment substituted as per F-note above.