Data Sharing and Governance Act 2019

19

Content of data-sharing agreement

19. (1) A data-sharing agreement shall—

(a) specify the names of the parties to the agreement in a schedule to the agreement,

(b) specify the information to be disclosed,

(c) specify the purpose of the data-sharing,

(d) specify the function of the public body concerned to which the purpose referred to in paragraph (c) relates,

(e) specify the legal basis for the data-sharing and for any further processing, by the parties to the agreement, of the information to be disclosed under the agreement,

(f) specify whether the impetus for the disclosure of information under the agreement will come from a data subject or a public body,

(g) specify whether, where information is disclosed under the agreement, the disclosure will be of information in relation to individual data subjects or classes of data subjects,

(h) specify whether the disclosure of information under the agreement will be on a once-off or ongoing basis,

(i) specify how the information to be disclosed is to be processed following its disclosure,

(j) specify any restrictions on the disclosure of information after the processing referred to in paragraph (i),

(k) include an undertaking by the parties to the agreement to comply with Article 5 of the General Data Protection Regulation in disclosing information under the agreement,

(l) where a data protection impact assessment has been carried out in relation to the data-sharing, include a summary of the matters referred to in Article 35(7) of the General Data Protection Regulation in a schedule to the agreement,

(m) specify the security measures to apply to the transmission, storage and accessing of personal data, in a manner that does not compromise those security measures,

(n) specify the requirements in relation to the retention of—

(i) the information to be disclosed, and

(ii) the information resulting from the processing of that information,

for the duration of the agreement and in the event that the agreement is terminated,

(o) specify the method to be employed to destroy or delete—

(i) the information to be disclosed, and

(ii) the information resulting from the processing of that information,

at the end of the period for which the information is to be retained in accordance with the agreement,

(p) specify the procedure in accordance with which a party may withdraw from the agreement,

(q) include such other matters as may be prescribed under subsection (2),

(r) include in a schedule to the agreement a statement summarising the analysis of the parties in relation to the extent to which—

(i) the disclosure of the information is necessary for the performance of the functions in relation to which the information is being disclosed, and

(ii) the disclosure and safeguards applicable to that disclosure are proportionate in the context of the performance of those functions and the effects of the disclosure on the rights of the data subjects concerned.

(2) The Minister may prescribe matters, in addition to those listed in subsection (1), to be included in a data-sharing agreement where he or she is satisfied that the inclusion of those matters would—

(a) be consistent with Article 5(1) of the General Data Protection Regulation, and

(b) (i) improve transparency as regards the sharing of information by public bodies, or

(ii) facilitate good governance in the sharing of information by public bodies.

(3) A data-sharing agreement may provide for matters in addition to those listed in subsection (1).

Annotations:

Modifications (not altering text):

C1

Subs. (1) applied with modifications by Broadcasting Act 2009 (18/2009), s. 33(4) as substituted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 8, S.I. No. 71 of 2023.

Disclosure of personal data

[33. ...

(4) The matters that section 19 (1) of the Data Sharing and Governance Act 2019 requires to be specified or included in a data-sharing agreement shall be specified or included in any agreement entered into by the Commission for the disclosure to another body of personal data in accordance with subsection (1), subject to the following modifications to the description of those matters in section 19(1) of that Act:

(a) references to the data-sharing shall be construed as references to any disclosure under the agreement;

(b) the reference in paragraph (d) to the public body concerned shall be construed as a reference to the body with whom the agreement is entered into;

(c) the reference in paragraph (f) to a public body shall be construed as a reference to a party to the agreement;

(d) the following paragraph shall be substituted for paragraph (r):

"(r) include in a schedule to the agreement a statement summarising the grounds on which the Commission considers the disclosure of the information to be necessary and proportionate as described in any paragraph of section 33 (2) of the Broadcasting Act 2009."

]