C63

Section repealed, but retained (see below) for certain excepted purposes, (25.05.2018) by Data Protection Act 2018 (7/2018), s. 7(1)(g), (4), S.I. No. 174 of 2018. The excepted purposes in subs. (4) are 7/2018, s. 8(1)(b) (the processing of such data under the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014) or the Vehicle Registration Data (Automated Searching and Exchange) Act 2018 (5/2018) to the extent that the Act of 1988 is applied in those Acts) and s. 8(2), (3) (transitional provisions).

19.—(1) A data controller to whom section 16 of this Act applies shall not keep personal data unless there is for the time being an entry in the register in respect of him.

(2) A data controller in respect of whom there is an entry in the register shall not—

(a) keep personal data of any description other than that specified in the entry,

(b) keep or use personal data for a purpose other than the purpose or purposes described in the entry,

(c) if the source from which such data, and any information intended for inclusion in such data, are obtained is required to be described in the entry, obtain such data or information from a source that is not so described,

(d) disclose such data to a person who is not described in the entry (other than a person to whom a disclosure of such data may be made in the circumstances specified in section 8 of this Act),

(e) directly or indirectly transfer such data to a place outside the State other than one named or described in the entry.

(3) An employee or agent (not being a data processor) of a data controller mentioned in subsection (2) of this section shall, as respects personal data kept or, as the case may be, to be kept by the data controller, be subject to the same restrictions in relation to the use, source, disclosure or transfer of the data as those to which the data controller is subject under that subsection.

(4) A data processor to whom section 16 applies shall not process personal data unless there is for the time being an entry in the register in respect of him.

(5) If and whenever a person in respect of whom there is an entry in the register changes his address, he shall thereupon notify the Commissioner of the change.

(6) A person who contravenes subsection (1), (4) or (5), or knowingly contravenes any other provision, of this section shall be guilty of an offence.