Data Protection Act 1988

The register.

16

16. F46 [ ]

Annotations:

Amendments:

F46

Repealed other than for certain excepted purposes (25.05.2018) by Data Protection Act 2018 (7/2018), s. 7(1)(g), (4), S.I. No. 174 of 2018.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.

F47

Substituted (1.10.2007) by Data Protection (Amendment) Act 2003 (6/2003), s. 16, S.I. No. 656 of 2007.

Modifications (not altering text):

C63

Section repealed, but retained (see below) for certain excepted purposes, (25.05.2018) by Data Protection Act 2018 (7/2018), s. 7(1)(g), (4), S.I. No. 174 of 2018.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).

16. F47 [ (1) In this section person to whom this section applies means a data controller and a data processor (other than such (if any) categories of data controller and data processor as may be specified in regulations made by the Minister after consultation with the Commissioner) except in so far as

( a )     they carry out

(i)     processing whose sole purpose is the keeping in accordance with law of a register that is intended to provide information to the public and is open to consultation either by the public in general or by any person demonstrating a legitimate interest,

(ii)     processing of manual data (other than such categories, if any, of such data as may be prescribed), or

(iii) any combination of the foregoing categories of processing,

or

( b )     the data controller is a body that is not established or conducted for profit and is carrying out processing for the purposes of establishing or maintaining membership of or support for the body or providing or administering activities for individuals who are either members of the body or have regular contact with it. ]

(2) The Commissioner shall establish and maintain a register (referred to in this Act as the register) of persons to whom this section applies and shall make, as appropriate, an entry or entries in the register in respect of each person whose application for registration therein is accepted by the Commissioner.

(3) ( a) Members of the public may inspect the register free of charge at all reasonable times and may take copies of, or of extracts from, entries in the register.

( b) A member of the public may, on payment to the Commissioner of such fee (if any) as may be prescribed, obtain from the Commissioner a copy (certified by him or by a member of his staff to be a true copy) of, or of an extract from, any entry in the register.

( c) In any proceedings—

(i) a copy of, or of an extract from, an entry in the register certified by the Commissioner or by a member of his staff to be a true copy shall be evidence of the entry or extract, and

(ii) a document purporting to be such a copy, and to be certified, as aforesaid shall be deemed to be such a copy and to be so certified unless the contrary is proved.

( d) In any proceedings—

(i) a certificate signed by the Commissioner or by a member of his staff and stating that there is not an entry in the register in respect of a specified person as a data controller or as a data processor shall be evidence of that fact, and

(ii) a document purporting to be such a certificate, and to be signed, as aforesaid shall be deemed to be such a certificate and to be so signed unless the contrary is proved.

Editorial Notes:

E43

Power pursuant to subs. (1) exercised (1.10.2007) by Data Protection Act 1988 (Section 16(1)) Regulations 2007 (S.I. No. 657 of 2007); revoked other than for certain excepted purposes (25.05.2018) by Data Protection Act 2018 (7/2018), s. 7(3), (4) and sch. 1 item 6, 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).

E44

Power pursuant to section exercised (16.12.1988) by Data Protection (Fees) Regulations 1988 (S.I. No. 347 of 1988); regs. 5 and 6 revoked (4.04.1990) by Data Protection (Fees) Regulations 1990 (S.I. No. 80 of 1990), reg. 5.

E45

Previous affecting provision: power pursuant to subs. (1)(e) exercised (10.1.2001) by Data Protection (Registration) Regulations 2001 (S.I. No. 2 of 2001); revoked (1.10.2007) by Data Protection Act 1988 (Section 16(1)) Regulations 2007 (S.I. No. 657 of 2007), reg. 5.