Personal Injuries Assessment Board Act 2003

Supply of information to, or from, central database.

86

86.—(1) This section has effect in relation to any database (a “central database”) maintained for the time being by any group of persons in which particulars are entered with respect to accidents or incidents proceedings in respect of which—

(a) may be brought,

(b) may, subject to this Act, be brought, or

(c) are brought,

for the purpose of claiming damages for personal injuries, F89[but only if the processing (within the meaning of the Data Protection Regulation) of any particulars constituting personal data (within the meaning of that Regulation) in the database is in accordance with the Data Protection Regulation and the Data Protection Act 2018.]

(2) There may be supplied to the Board, for the purpose of its dealing with an application made to it under section 11, any relevant particulars entered in a central database.

(3) The Board may supply the following, and no other particulars, for the purpose of their being entered in a central database and, by means of that database, being disclosed to other persons who have access to that database, namely—

(a) the name and address of a claimant who has made an application under section 11,

(b) the date on which the accident or incident, the subject of that application, is alleged in that application to have occurred,

(c) the name and address of the person or each of the persons who the claimant alleges in the application is or are liable to him or her in respect of the relevant claim concerned, and

(d) the name of the insurance company or undertaking, if any, which has entered into a policy of insurance with the person or any of the persons referred to in paragraph (c) and which policy provides an indemnity in respect of the claimant's proposed proceedings.

(4) This section is without prejudice to the generality of the provisions of Chapter 4 of Part 2.

F90[(5) In this section, "Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 201627 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).]

Annotations

Amendments:

F89

Substituted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 195(a), S.I. No. 174 of 2018.

F90

Inserted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 195(b), S.I. No. 174 of 2018.