Data Protection Act 2018

158.

Restrictions on obligations of controllers and rights of data subjects for objective of safeguarding judicial independence and court proceedings

158. (1) The rights and obligations provided for in—

(a) Articles 12 to 22 and Article 34, and Article 5 in so far as any of its provisions correspond to the rights and obligations in Articles 12 to 22, and

(b) sections 87 , 90 , 91 , 92 and 93 , and section 71 in so far as it relates to those sections,

are restricted to the extent that the restrictions are necessary and proportionate to safeguard judicial independence and court proceedings.

(2) Subsection (1) is without prejudice to any other enactment or rule of law which restricts the rights and obligations referred to in that subsection.

(3) Without prejudice to the generality of subsection (1), a panel may make such rules as it considers necessary for the purpose of ensuring the effective application of a restriction under that subsection.

(4) Rules made under subsection (3) may relate to such matters as the panel considers appropriate for the purpose referred to in that subsection and, without prejudice to the generality of that subsection, may—

(a) relate to one or more than one of the following:

(i) a class or classes of data subject;

(ii) a category or categories of personal data;

(iii) civil or criminal proceedings, or both;

(iv) a class or classes of civil or criminal proceedings, or both;

(v) the circumstances in which, or the conditions under which, a restriction under subsection (1) shall apply,

(b) include, where relevant, specific provisions as to the matters referred to in Article 23(2), and

(c) make provision for such incidental, supplementary and consequential matters as appear to the panel to be necessary or expedient for the purposes of the rule.

(5) Rules under subsection (3) shall be published in such manner (which may include publication on the website of the Courts Service) as the panel considers appropriate.

(6) In this section, “panel” means a panel of three judges nominated by the Chief Justice for the purposes of this section.

Annotations:

Editorial Notes:

E8

Power pursuant to subs. (3) exercised (1.08.2018) by Data Protection Act 2018 (Section 158(3)) Rules 2018 (S.I. No. 658 of 2018), in effect as per rule 1.