Data Protection Act 2018

3

Designation by appropriate authority

3. (1) An appropriate authority (within the meaning of the Civil Service Regulation Act 1956) may, as respects all or part of the personal data kept by the authority, designate a civil servant in relation to whom it is the appropriate authority to be a controller and while the designation is in force the civil servant so designated shall, other than for the purposes of sections 105(3) and 141(2) and (3), be deemed, for the purposes of this Act and the Data Protection Regulation, to be the controller in respect of the data concerned.

(2) Without prejudice to subsection (1), the Minister for Defence may, as respects all or part of the personal data kept by him in relation to the Defence Forces, designate an officer of the Permanent Defence Force who holds a commissioned rank therein to be a controller and while the designation is in force the officer so designated shall, other than for the purposes of sections 105(3) and 141(2) and (3), be deemed, for the purposes of this Act and the Data Protection Regulation, to be the controller in respect of the data concerned.

(3) For the purposes of this Act and the Data Protection Regulation—

(a) where a designation by the relevant appropriate authority under subsection (1) is not in force, a civil servant in relation to whom that authority is the appropriate authority shall be deemed to be its employee and, where such a designation is in force, such a civil servant (other than the civil servant the subject of the designation) shall be deemed to be an employee of the last mentioned civil servant,

(b) where a designation under subsection (2) is not in force, a member of the Defence Forces shall be deemed to be an employee of the Minister for Defence and, where such a designation is in force, such a member (other than the officer the subject of the designation) shall be deemed to be an employee of that officer, and

(c) a member of the Garda Síochána (other than the Commissioner of the Garda Síochána) shall be deemed to be an employee of the Commissioner of the Garda Síochána.