Data Protection Act 1988

Evidence in proceedings.

27

27. (1) In any proceedings—

( a) a certificate signed by the Minister or the Minister for Defence and stating that in his opinion personal data are, or at any time were, kept for the purpose of safeguarding the security of the State shall be evidence of that opinion,

( b) a certificate—

(i) signed by a member of the Garda Síochána not below the rank of chief superintendent or an officer of the Permanent Defence Force who holds an army rank not below that of colonel and is designated by the Minister for Defence under section 8 (a) of this Act, and

(ii) stating that in the opinion of the member or, as the case may be, the officer a disclosure of personal data is required for the purpose aforesaid,

shall be evidence of that opinion, and

( c) a document purporting to be a certificate under paragraph (a) or (b) of this subsection and to be signed by a person specified in the said paragraph (a) or (b), as appropriate, shall be deemed to be such a certificate and to be so signed unless the contrary is proved.

(2) Information supplied by a person in compliance with a request under section 3 or 4 (1) of this Act, a requirement under this Act or a direction of a court in proceedings under this Act shall not be admissible in evidence against him or his spouse in proceedings for an offence under this Act.

Annotations:

Modifications (not altering text):

C76

Application of section extended with modification (27.01.2014) by Credit Reporting Act 2013 (45/2013), s. 19(2), (4), S.I. No. 19 of 2014.

Data protection

19. ...

(2) Sections 2 , 4 and 6 of the Data Protection Act 1988 shall have effect as if—

(a) references to personal data included relevant credit data, and

(b) a person to whom this section applies were a living individual, and sections 9, 10, 12 and 24 to 31 of that Act apply accordingly.

(3) ...

(4) This section applies to any person with an annual turnover of not more than €3,000,000 (and to whom sections 2, 4 and 6 of the Data Protection Act 1988 would not apply apart from this section).

...

C77

Application of section extended with any necessary modifications (24.02.2003) by European Communities (Directive 2000/31/EC) Regulations 2003 (S.I. No. 68 of 2003), reg. 9(6).

Unsolicited commercial communications.

9. ...

(6) The following provisions of the Act, namely —

(a) sections 1, 10, 12, 24 and 25,

(b) section 26 in so far as it relates to a requirement specified in an enforcement notice or an information notice or a decision of the Data Protection Commissioner in relation to a complaint under section 10 (1) (a) of the Act,

and

(c) sections 27 to 30,

apply for the purpose of this Regulation with the modifications specified in paragraphs (7) to (10) and any other necessary modifications.

(7) References, in the provisions of the Act mentioned in paragraph (6), to that Act or the provisions of that Act shall, unless the context otherwise requires be construed as including references to this Regulation or the provisions of this Regulation.

...

(11) In this Regulation —

“Act” means the Data Protection Act 1988 ( No. 25 of 1988);

...

Editorial Notes:

E59

Previous affecting provision: construction of section extended (6.11.2003) by European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2008 (S.I. No. 535 of 2003), reg. 17(1)(a); reg. 17 substituted (13.12.2008) by European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) (Amendment) Regulations 2008 (S.I. No. 526 of 2008), reg. 9.

E60

Previous affecting provision: application of ss. 10, 12, 24, 25, 26 (insofar as it relates to a requirement specified in an enforcement notice or an information notice or a decision of the Commissioner in relation to a complaint under section 10(1)(a) ) and ss. 27 to 31 extended with any necessary modifications (8.05.2002) by European Communities (Data Protection and Privacy in Telecommunications) Regulations 2002 (S.I. No. 192 of 2002), reg. 12; revoked (6.11.2003) by European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003 (S.I. No. 535 of 2003), reg. 24.