Data Protection Act 1988

Applications for registration.

17

17. F48 [ ]

Annotations:

Amendments:

F48

Repealed other than for certain excepted purposes (25.05.2018) by Data Protection Act 2018 (7/2018), s. 7(1)(g), (4), S.I. No. 174 of 2018.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

F49

Substituted (1.07.2003) by Data Protection (Amendment) Act 2003 (6/2003), s. 17(a)(i) and (b), S.I. No. 207 of 2003.

F50

Inserted (1.07.2003) by Data Protection (Amendment) Act 2003 (6/2003), s. 17(a)(ii), S.I. No. 207 of 2003.

Modifications (not altering text):

C64

Section repealed, but retained (see below) for certain excepted purposes, (25.05.2018) by Data Protection Act 2018 (7/2018), s. 7(1)(g), (4), S.I. No. 174 of 2018.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

17. (1) ( a) A person wishing to be registered in the register or to have a registration continued under section 18 of this Act or to have the particulars in an entry in the register altered shall make an application in writing in that behalf to the Commissioner and shall furnish to him such information as may be prescribed and any other information that he may require.

F49 [ ( b ) Where a data controller intends to keep personal data for two or more related purposes, he or she shall make an application for registration in respect of those purposes and, subject to the provisions of this Act, entries shall be made in the register in accordance with any such application, ]

F50 [ ( c ) Where a data controller intends to keep personal data for two or more unrelated purposes, he shall make an application for separate registration in respect of each of those purposes and, subject to the provisions of this Act, entries shall be made in the register in accordance with each such application. ]

(2) Subject to subsection (3) of this section, the Commissioner shall accept an application for registration, made in the prescribed manner and in respect of which such fee as may be prescribed has been paid, from a person to whom section 16 of this Act applies unless he is of opinion that—

( a) the particulars proposed for inclusion in an entry in the register are insufficient or any other information required by the Commissioner either has not been furnished or is insufficient, or

( b) the person applying for registration is likely to contravene any of the provisions of this Act.

F49 [ (3) The Commissioner shall not accept such an application for registration as aforesaid from a data controller who keeps sensitive personal data unless he or she is of opinion that appropriate safeguards for the protection of the privacy of the data subjects are being, and will continue to be, provided by him or her. ]

(4) Where the Commissioner refuses an application for registration, he shall, as soon as may be, notify in writing the person applying for registration of the refusal and the notification shall—

( a) specify the reasons for the refusal, and

( b) state that the person may appeal to the Court under section 26 of this Act against the refusal within 21 days from the receipt by him of the notification.

(5) If—

( a) the Commissioner, by reason of special circumstances, is of opinion that a refusal of an application for registration should take effect urgently, and

( b) the notification of the refusal includes a statement to that effect and a statement of the effect of the provisions of section 26 (other than subsection (3)) of this Act,

paragraph (b) of subsection (4) of this section shall not apply in relation to the notification and paragraph (b) of subsection (6) of this section shall be construed and have effect as if for the words from and including “21 days” to the end of the paragraph there were substituted “7 days beginning on the date on which the notification was received,”.

(6) Subject to subsection (5) of this section, a person who has made an application for registration shall—

( a) until he is notified that it has been accepted or it is withdrawn, or

( b) if he is notified that the application has been refused, until the end of the period of 21 days within which an appeal may be brought under section 26 of this Act against the refusal and, if such an appeal is brought, until the determination or withdrawal of the appeal,

be treated for the purposes of section 19 of this Act as if the application had been accepted and the particulars contained in it had been included in an entry in the register on the date on which the application was made.

(7) Subsections (2) to (6) of this section apply, with any necessary modifications, to an application for continuance of registration and an application for alteration of the particulars in an entry in the register as they apply to an application for registration.

Editorial Notes:

E46

Power pursuant to section exercised (1.10.2007) by Data Protection (Fees) Regulations 2007 (S.I. No. 658 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 7, 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).

E47

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.

E48

Previous affecting provision: power pursuant to section exercised (19.05.1996) by Data Protection (Fees) Regulations 1996 (S.I. No. 105 of 1996); revoked (1.10.2007) by Data Protection (Fees) Regulations 2007 (S.I. 658 of 2007), reg. 6.

E49

Previous affecting provision: power pursuant to section exercised (4.04.1990) by Data Protection (Fees) Regulations 1990 (S.I. No. 80 of 1990); revoked (19.05.1996) by Data Protection (Fees) Regulations 1996 (S.I. No. 105 of 1996), reg. 5.