Data Protection Act 1988

Disclosure of personal data in certain cases.

8

8.—Any restrictions in this Act on the F28[processing] of personal data do not apply if the F28[processing] is—

(a) in the opinion of a member of the Garda Síochána not below the rank of chief superintendent or an officer of the Permanent Defence Force who holds an army rank not below that of colonel and is designated by the Minister for Defence under this paragraph, required for the purpose of safeguarding the security of the State,

(b) required for the purpose of preventing, detecting or investigating offences, apprehending or prosecuting offenders or assessing or collecting any tax, duty or other moneys owed or payable to the State, a local authority or a health board, in any case in which the application of those restrictions would be likely to prejudice any of the matters aforesaid,

(c) required in the interests of protecting the international relations of the State,

(d) required urgently to prevent injury or other damage to the health of a person or serious loss of or damage to property,

(e) required by or under any enactment or by a rule of law or order of a court,

(f) required for the purposes of obtaining legal advice or for the purposes of, or in the course of, legal proceedings in which the person making the F28[processing] is a party or a witness,

(g) F29[…]

(h) made at the request or with the consent of the data subject or a person acting on his behalf.

Annotations

Amendments:

F28

Substituted (1.07.2003) by Data Protection (Amendment) Act 2003 (6/2003), s. 9(a), S.I. No. 207 of 2003.

F29

Deleted(1.07.2003) by Data Protection (Amendment) Act 2003 (6/2003), s. 9(b), S.I. No. 207 of 2003.

Modifications (not altering text):

C47

Section applied with modifications by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 123(1), (2)(f), partially commenced insofar as the 2014 Act, part 12 ch. 4 (which includes s. 123) relates to an Article 7 request within the meaning of that chapter (20.11.2015) by S.I. No. 508 of 2015, otherwise (3.12.2018) by S.I. No. 503 of 2018.

Application of Act of 1988

123. (1) The Act of 1988 shall, with the modifications specified in subsection (2) and any other necessary modifications, apply to the processing of personal data supplied or received pursuant to—

(a) Chapter 2,

(b) Chapter 3, or

(c) an Article 7 request,

and, for the purposes of the foregoing application of the Act of 1988, references in it to that Act or the provisions of that Act shall, unless the context otherwise requires, be construed as including references to—

(i) Chapter 2 or the provisions of that Chapter,

(ii) Chapter 3 or the provisions of that Chapter, and

(iii) Chapter 3 of Part 5 of the Act of 2008 insofar as that Chapter applies to an Article 7 request or the provisions of that Chapter insofar as they apply to such a request.

(2) The modifications of the Act of 1988 referred to in subsection (1) are the following, namely— ...

(f) section 8(b) —

(i) insofar as it relates to the purpose of detecting or investigating offences, shall not apply to the processing of data pursuant to Chapter 2,

(ii) insofar as it relates to the purpose of preventing, detecting or investigating offences, shall not apply to the processing of personal data pursuant to Chapter 3, or

(iii) insofar as it relates to the purpose of detecting or investigating offences or apprehending or prosecuting offenders, shall not apply to the processing of personal data pursuant to an Article 7 request,

which are or have been supplied by or to a data controller in the State pursuant to a European Union or international instrument, and

...

C48

Statutory powers of officer under section exempted from application of Freedom of Information Act 2014 by Freedom of Information Act 2014 (30/2014), s. 42(c)(ii)(VII), commenced on enactment.

Restriction of Act

42. This Act does not apply to— ...

(c) a record held by— ...

(ii) the Defence Forces relating to— ...

(VII) the Data Protection Acts 1988 and 2003 in respect of the statutory powers of an officer under section 8 of the Data Protection Act 1988,

...