Student Support Act 2011

28.

Processing of personal data.

28.— (1) F23 [ Notwithstanding anything contained in any enactment (other than the Act of 2018) ], the F23 [ controller ] of a person listed in Schedule 2 , or of a person prescribed for the time being under subsection (2) (in this subsection called “the first named person”) shall on being requested to do so by the F23 [ controller ] of a person so listed or prescribed, process personal data kept by the first named person, or information extracted from such data, to the F23 [ controller ] of the other person so listed or prescribed for the time being, if the F23 [ controller ] of the first named person is satisfied that it will be used for a relevant purpose only.

(2) If a person (not being a person listed in Schedule 2 , or prescribed for the time being under this subsection) keeps personal data that is relevant to any of the functions of an awarding authority, inquiry officer, appeals officer or the Appeals Board, and the Minister considers that such supply by the person not so listed or prescribed to a person so listed or prescribed will further the attainment of a relevant purpose, then the Minister, following consultation with the Data Protection Commissioner, may prescribe that person for the purposes of subsection (1) .

(3) Any processing of personal data for the purposes of subsection (1) shall go no further than is reasonably necessary for the attainment of the relevant purpose.

(4) A F23 [ controller ] may refuse a request under subsection (1) if he or she is satisfied that it would be unwarranted in any particular case by reason of prejudice to the fundamental rights and freedoms or legitimate interests of the data subject.

(5) In this section—

F23 [ Act of 2018 means the Data Protection Act 2018;

controller means a controller within the meaning of

(a) the Data Protection Regulation, or

(b) Part 5 of the Act of 2018;

Data Protection Regulation means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 41 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); ]

F23 [ personal data means personal data within the meaning of

(a) the Data Protection Regulation, or

(b) Part 5 of the Act of 2018; ]

F23 [ processing means processing with the meaning of

(a) the Data Protection Regulation, or

(b) Part 5 of the Act of 2018; ]

“relevant purpose” means the purpose of—

( a) obtaining information to determine whether an applicant is eligible for a grant,

( b) verifying data supplied as part of the application process,

( c) providing data to assist in an inquiry under section 22 or the prosecution of an offence under section 23 ,

( d) assisting in the processing of an application for a grant by a student and assisting in the payment of grants to students, and

( e) verifying that a student is enrolled or registered, in accordance with the rules of an approved institution, and continuing to attend an approved course at an approved institution.

Annotations:

Amendments:

F23

Substituted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 216, S.I. No. 174 of 2018.

Modifications (not altering text):

C8

Reference in subs. (2) construed (25.05.2018) by Data Protection Act 2018 (7/2018), s. 14(2), S.I. No. 174 of 2018.

Transfer of functions of Data Protection Commissioner to Commission

14. (1) All functions that, immediately before the establishment day, were vested in the Data Protection Commissioner are transferred to the Commission.

(2) A reference in any enactment or instrument under an enactment to the Data Protection Commissioner or to the Office of the Data Protection Commissioner shall be construed as a reference to the Commission.

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Editorial Notes:

E64

Power pursuant to section exercised (20.09.2017) by Student Support Act 2011 (Prescribed Persons) Regulations 2017 (S.I. No. 410 of 2017).

E65

Power pursuant to section exercised (10.03.2016) by Student Support Act 2011 (Prescribed Persons) Regulations 2016 (S.I. No. 139 of 2016), in effect as per reg. 1(2).

E66

Power pursuant to section exercised (21.04.2015) by Student Support Act 2011 (Prescribed Persons) Regulations 2015 (S.I. No. 149 of 2015).

E67

Previous affecting provision: power pursuant to section exercised (14.05.2013) by Student Support (Amendment of Second Schedule) Regulations 2013 (S.I. No. 157 of 2013), in effect as per reg. 1(2); revoked (21.04.2015) by Student Support Act 2011 (Prescribed Persons) Regulations 2015 (S.I. No. 149 of 2015), art. 3.