Europol Act 2012

1.

Interpretation.

1.— (1) In this Act—

“analysis” in relation to a sample of biological material, includes comparison and matching;

F1 [ automated data means information that

(a) is being processed by means of equipment operating automatically in response to instructions given for that purpose, or

(b) is recorded with the intention that it should be processed by means of such equipment; ]

“Council Decision” means Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) * the text of which in the English language is, for convenience of reference, set out in the Schedule to this Act;

“criminal offence” means an offence for which Europol has competence in accordance with Article 4 of the Council Decision and includes related criminal offences;

F2 [ data means automated data and manual data; ]

“designated competent authority” shall be construed in accordance with section 2 (1) ;

“DNA” means deoxyribonucleic acid;

“DNA profile”, in relation to a person, means information comprising a set of identification characteristics of the non-coding part of DNA derived from an examination and analysis of a sample of biological material that is clearly identifiable as relating to the person and that is capable of comparison with similar information derived from an examination and analysis of another sample of biological material for the purpose of determining whether or not that other sample could relate to that person;

“Europol” means the European Police Office established under the Council Decision;

“Europol Information System” means the data processing system established and maintained by Europol under the Council Decision;

“Garda Commissioner” means the Commissioner of the Garda Síochána;

“head of the national unit” shall be construed in accordance with section 4 (4) ;

“liaison officer” means a person sent as a liaison officer with Europol under section 6 ;

F1 [ manual data means information that is recorded as part of a relevant filing system, or with the intention that it should form part of a relevant filing system; ]

“Minister” means the Minister for Justice and Equality;

“national unit” shall be construed in accordance with section 4 ;

“non-coding part of DNA”, in relation to a person, means the chromosome regions of a person’s DNA that are not known to provide for any functional properties of the person;

F2 [ personal data has the meaning it has in Part 5 of the Data Protection Act 2018; ]

F2 [ processing , in relation to personal data, has the meaning it has in Part 5 of the Data Protection Act 2018; ]

F1 [ relevant filing system means any set of information relating to individuals to the extent that, although the information is not processed by means of equipment operating automatically in response to instructions given for that purpose, the set is structured, either by reference to individuals or by reference to criteria relating to individuals, in such a way that specific information relating to a particular individual is readily accessible; ]

“revenue offence” means a criminal offence in connection with taxes, duties, customs or exchange control.

(2) A word or expression used in this Act and in the Council Decision has the same meaning in this Act as in that Decision.