C38

Prospective affecting provision: section inserted by Guardianship of Infants and Child Care (Amendment) Act 2026 (30/2026), s. 3, not commenced as of date of revision.

F78[12H.—(1) Subject to any requirements in regulations made under subsection (3) (if any), a relevant body may share information with another relevant body for the purpose of the performance of the functions under this Part of the relevant body or of the other relevant body concerned, where to do so is in accordance with law and to the extent that it is necessary and proportionate for that purpose.

(2) A relevant body may, subject to the taking of suitable and specific measures, process special categories of personal data in accordance with this section only where the relevant body considers that the processing is necessary and proportionate in accordance with the Data Protection Regulation and the Data Protection Act 2018.

(3) The Minister may, after consultation with the Minister for Children, Disability and Equality, make regulations in relation to the sharing of information under this section, including in relation to—

(a) the nature of the information that may be shared under this section,

(b) the manner in which information shared under this section may be used, and

(c) the measures to be taken by a relevant body to ensure that information shared under this section is shared only to the extent that is necessary and proportionate for the performance of the functions of the relevant body or of the other relevant body concerned under this Part.

(4) In making regulations under subsection (3), the Minister shall have regard to the need to safeguard the fundamental rights and freedoms of data subjects in the sharing of personal data (including special categories of personal data and Article 10 data) for the purpose of the performance of the functions of relevant bodies under this Part.

(5) This section is without prejudice to any other legal basis for the sharing of information between relevant bodies.

(6) In this section—

"Article 10 data" means personal data referred to in Article 10 of the Data Protection Regulation;

"Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016¹ 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/EC (General Data Protection Regulation);

"information" includes personal data (including special categories of personal data and Article 10 data);

"personal data" has the same meaning as it has in the Data Protection Regulation;

"processing", in relation to personal data, has the same meaning as it has in the Data Protection Regulation;

"relevant body" means—

(a) the Director of Public Prosecutions,

(b) the Child and Family Agency,

(c) An Garda Síochána,

(d) the Courts Service,

(e) the Minister, or

(f) the Minister for Children, Disability and Equality;

"special categories of personal data" has the same meaning as it has in the Data Protection Act 2018;

"suitable and specific measures" means measures to safeguard the fundamental rights and freedoms of data subjects (within the meaning of the Data Protection Regulation) in processing the personal data of those subjects and may include measures referred to in section 36 (1) of the Data Protection Act 2018.]