Immigration Act 2003

Exchange of information.

8

8.—(1) Notwithstanding any provision of any other enactment but subject to section 11(4) of the Refugee Act 1996 (“the Act of 1996”), whenever so requested, an information holder shall give to another information holder such information, including personal information, in his or her possession, control or procurement regarding non-nationals, including applicants within the meaning of the Act of 1996, for the purposes of that Act or for the purposes of the administration of the law relating to the entry into and the removal from the State of non-nationals.

(2) The Minister for Social and Family Affairs may, for the purposes of the Social Welfare Acts F5 [ or the Civil Registration Act 2004 ] , request an information holder to furnish him or her with such information including, personal information, in his or her possession, control or procurement regarding non-nationals, including applicants within the meaning of the Act of 1996 and the information holder shall comply with any such request.

(3) Following the receipt of a request under subsection (1) or (2), the Minister, the Minister for Foreign Affairs, or a member of the Garda Síochána may withhold any information in his or her possession or control in the interest of national security or public policy (“ ordre public”) or where the furnishing of the information would be likely to prejudice the prevention, detection or investigation of offences or the apprehension or prosecution of offenders.

(4) In this section “an information holder” means a Minister of the Government, a local authority (for the purposes of the Local Government Act 2001 ), F6 [ the Child and Family Agency, ] the Garda Síochána or any other body established—

( a) by or under any enactment (other than the Companies Acts 1963 to 2001), or

( b) under the Companies Acts 1963 to 2001 in pursuance of powers conferred by or under any other enactment,

and financed wholly or partly by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government and a subsidiary of any such body.

Annotations:

Amendments:

F5

Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 35, S.I. No. 357 of 2015.

F6

Substituted (1.01.2014) by Child and Family Agency 2013 (40/2013), s. 9 and, sch. 2 part 18 item 2, S.I. No. 502 of 2013.

Editorial Notes:

E7

Previous affecting provision: subs. (4) amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 25 item 2, S.I. No. 887 of 2004; substituted as per F-note above.