Data Sharing and Governance Act 2019

2

Definitions

2. In this Act—

“Act of 1997” means the Taxes Consolidation Act 1997;

“Act of 2005” means the Social Welfare Consolidation Act 2005;

“Act of 2014” means the Companies Act 2014;

“base registry” means a database which is designated as such in an order made under section 37(1);

“base registry owner” means a public body specified as such in respect of a base registry in an order made under section 37(1);

“Board” has the meaning assigned to it by section 45(1);

“company” means a company formed and registered under the Act of 2014 or an existing company within the meaning of that Act;

“controller” has the same meaning as it has in the General Data Protection Regulation;

“data protection impact assessment” means an assessment carried out for the purposes of Article 35 of the General Data Protection Regulation;

“data protection law” means—

(a) the Data Protection Acts 1988 to 2018,

(b) the General Data Protection Regulation,

(c) all law of the State giving further effect to the General Data Protection Regulation, and

(d) all law of the State giving effect or further effect to Directive 2016/680;

“data protection officer” in respect of a public body, means the person designated in accordance with Article 37 of the General Data Protection Regulation;

“data-sharing” shall be construed in accordance with section 9;

“data-sharing agreement” means an agreement between two or more public bodies which provides for the disclosure of information by one or more of the parties to the agreement to one or more of the other parties to the agreement;

“data subject” has the same meaning as it has in the General Data Protection Regulation;

“database” has the same meaning as it has in the Copyright and Related Rights Act 2000;

“Directive 2016/680” means Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA1;

“enactment” has the same meaning as it has in the Interpretation Act 2005;

“General Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC2;

“information” includes data;

“information system” has the same meaning as it has in the Electronic Commerce Act 2000;

“lead agency” has the meaning assigned to it by section 21;

“Minister” means the Minister for Public Expenditure and Reform;

“personal data” has the same meaning as it has in the General Data Protection Regulation;

“prescribed” means prescribed by regulations made by the Minister under section 3(1);

“processing” has the same meaning as it has in the General Data Protection Regulation;

“public body” shall be construed in accordance with section 10;

“public service pension scheme” has the same meaning as it has in Part 4 of the Public Service Pay and Pensions Act 2017;

“special categories of personal data” means information referred to in Article 9(1) of the General Data Protection Regulation.