National Shared Services Office Act 2017

35.

Sharing of data

35. (1) F4 [ Notwithstanding anything contained in any enactment, but subject to the Data Protection Regulation and the Data Protection Act 2018 ] or any other enactment, the F4 [ controller ] of Oifig an Ard-Chláraitheora (the first-named person) shall provide to the F4 [ controller ] of the Office such of the following certificates capable of being produced by the first-named person as may be requested by the F4 [ controller ] of the Office, if the first-named person is satisfied that the certificate will be used for a relevant purpose only—

(a) a birth certificate relating to a child of a member of staff of a public service body,

(b) a marriage certificate relating to a member of staff of a public service body,

(c) a death certificate relating to a member of staff of a public service body.

(2) Any provision of documents for the purposes of subsection (1) shall go no further than is reasonably necessary for the attainment of the relevant purpose.

(3) The F4 [ controller ] of Oifig an Ard-Chláraitheora 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.

(4) In this section—

F4 [ controller has the same meaning as it has in the Data Protection Regulation; ]

F5 [ ]

“member of staff” in subsection (1) and in paragraph (a) of the definition of “relevant purpose” includes former member of staff;

“relevant purpose” means, in relation to a public service body in respect of which an order under section 9(1) is in force, any of the following purposes—

(a) verification of entitlement of a member of staff of the public service body to a superannuation payment,

(b) verification of entitlement of a member of staff of the public service body to parental leave (within the meaning of the Parental Leave Acts 1998 and 2006),

(c) verification of entitlement of a member of staff of the public service body to paternity leave (within the meaning of the Paternity Leave and Benefit Act 2016),

(d) verification of entitlement of a person as the surviving spouse or child, or beneficiary of the estate, of a deceased member of staff of the public service body.

Annotations:

Amendments:

F4

Substituted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 232(c)(i), (ii), (iii)(I), S.I. No. 174 of 2018.

F5

Deleted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 232(c)(iii)(II), S.I. No. 174 of 2018.