Criminal Justice (Mutual Assistance) Act 2008

107.

Personal data protection.

107.— (1) The provisions of the relevant international instrument have effect in respect of the use of personal data communicated to or otherwise obtained by a person in the State under the instrument.

F90 [ (2) Subsection (1) is without prejudice to the application of

(a) subject to section 8 of the Act of 2018, section 7 (duty of care owed by data controllers and data processors) of the Act of 1988 in respect of the use of such data (within the meaning of the Act of 1988), and

(b) Part 5 of the Act of 2018, in respect of the use of such data (within the meaning of that Part).

(3) (a) Subject to section 8 of the Act of 2018, the Data Protection Acts 1988 and 2003 apply in relation to personal data referred to in subsection (2)(a) , in respects other than those related to their use.

(b) Part 5 of the Act of 2018 applies in relation to personal data referred to in F91 [ subsection (2)(b) ] , in respects other than those related to their use. ]

F92 [ (4) This section is without prejudice to the application of Chapter 4 of Part 12 of the Act of 2014 to requests made or received under Chapter 3 of Part 5 pursuant to Article 7 of the 2008 Council Decision or that Article insofar as it is applied by Article 1 of the 2009 Agreement with Iceland and Norway. ]

F93 [ (5) In this section

Act of 1988 means the Data Protection Act 1988 ;

Act of 2018 means the Data Protection Act 2018. ]

Annotations:

Amendments:

F90

Substituted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 208(d)(i), S.I. No. 174 of 2018.

F91

Substituted (4.09.2019) by Criminal Justice (International Co-Operation) Act 2019 (27/2019), s. 8, S.I. No. 443 of 2019.

F92

Inserted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 136, S.I. No. 508 of 2015.

F93

Inserted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 208(d)(ii), S.I. No. 174 of 2018.