Health Identifiers Act 2014

3.

Regulations

3. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

(2) Without prejudice to any provision of this Act, regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Subject to subsection (9), the Minister shall not prescribe a person, or a class of persons, for the purposes of paragraph (b) of the definition of “authorised disclosee” in section 2(1) unless the Minister is satisfied that it is in the public interest that that person, or a person who falls within that class of persons, as the case may be, be an authorised disclosee for the purposes of this Act.

(4) Subject to subsection (9), the Minister shall not prescribe a processing of relevant information (individuals) relating to health for the purposes of subparagraph (iv) of paragraph (g) of the definition of “secondary purpose” in section 2(1) unless he or she is satisfied that it is in the public interest that that processing be a secondary purpose for the purposes of this Act.

(5) Subject to subsection (9), the Minister shall not prescribe a person, or a class of persons, for the purposes of paragraph (c) of the definition of “specified person” in section 2(1) unless the Minister is satisfied that it is in the public interest that that person, or a person who falls within that class of persons, as the case may be, be a specified person for the purposes of this Act.

(6) Subject to subsection (9), the Minister shall not prescribe a class of specified persons and a class of relevant information (individuals) for the purposes of paragraph (b) of section 10(2) unless he or she is satisfied that it is in the public interest that a specified person who falls within that class of specified persons not have access, pursuant to paragraph (a) of section 10(2) , to relevant information (individuals) that falls within that class of relevant information (individuals).

(7) (a) Subject to subsection (9), the Minister shall not prescribe a class of relevant information (individuals) to which paragraph (c) of section 11(6) does not apply unless he or she is satisfied that it is in the public interest that that paragraph not apply to that class of relevant information (individuals).

(b) Subject to subsection (9), the Minister shall not prescribe a class of relevant information (individuals) to which paragraph (e) of section 11(6) does not apply unless he or she is satisfied that it is in the public interest that that paragraph not apply to that class of relevant information (individuals).

(c) Subject to subsection (9), the Minister shall not prescribe a class of secondary purposes to which paragraph (e) of section 11(6) does not apply unless he or she is satisfied that it is in the public interest that that paragraph not apply to that class of secondary purposes.

(8) The Minister may, after consultation with the Data Protection Commissioner—

(a) prescribe a person, or a class of persons, for the purposes of paragraph (b) of the definition of “authorised disclosee” in section 2(1) ,

(b) prescribe particulars for the purposes of paragraph (n) of the definition of “other identifying particulars” in section 2(1) ,

(c) prescribe a processing of relevant information (individuals) relating to health for the purposes of subparagraph (iv) of paragraph (g) of the definition of “secondary purpose” in section 2(1) ,

(d) prescribe a person, or a class of persons, for the purposes of paragraph (c) of the definition of “specified person” in section 2(1) ,

(e) prescribe a class of persons and a class of relevant information (individuals) for the purposes of paragraph (b) of section 10(2) ,

(f) prescribe a class of relevant information (individuals) to which paragraph (c) of section 11(6) does not apply, or

(g) prescribe a class of relevant information (individuals) or a class of secondary purposes to which paragraph (e) of section 11(6) does not apply, or both.

(9) When determining whether or not a matter referred to in subsection (3), (4), (5), (6) or (7) is in the public interest, the Minister shall have due regard to protecting the privacy of individuals and securing the effective achievement of one or more than one relevant purpose.

(10) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under the regulation.

Annotations:

Modifications (not altering text):

C1

Reference in subs. (8) to “Data Protection Commissioner” construed (25.05.2018, establishment day) by Data Protection Act 2018 (7/2018), s. 14(2), S.I. No. 175 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:

E3

Power pursuant to subs. (1) exercised (30.05.2017) by Health Identifiers Act 2014 (Health Services Provider) Regulations 2017 (S.I. No. 237 of 2018), in effect as per reg. 2.