Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

124.

Purposes for which data may be processed

124. (1) Subject to subsection (3), data supplied by the national contact point of a designated state under section 113 , 114 or 119 may be processed only where it is necessary to do so for any of the following purposes:

(a) comparing DNA profiles or dactyloscopic data, as the case may be, under those sections to ascertain whether there is a match between them;

(b) providing responses, in an automated way or by such other means as is permitted by the relevant European Union or international instrument, to that national contact point in relation to searches or comparisons under those sections;

(c) if appropriate, entering a note of a match of DNA profiles in the DNA Database System under section 113(3) or 114(4);

(d) recording the supply and receipt of the data under section 127 .

(2) Data supplied by the national contact point of a designated state shall, if not previously destroyed, be destroyed immediately after the provision of a response referred to in subsection (1)(b) in relation to the data, unless further processing of the data is necessary—

(a) in connection with a request for assistance under Chapter 3 of Part 5 of the Act of 2008 if a match of DNA profiles or dactyloscopic data, as the case may be, was found, or

(b) for the purposes of recording the supply and receipt of the data under section 127 .

(3) Data received by a national contact point pursuant to section 115(2), 116(3) or 120(2) may be processed only for the following purposes and otherwise shall be destroyed immediately after they are received:

(a) if a match of DNA profiles or dactyloscopic data, as the case may be, is found, preparing and making a request for assistance under section 77 of the Act of 2008;

(b) if appropriate, entering a note of a match of DNA profiles in the DNA Database System under section 115(3) or 116(4);

(c) recording the supply and receipt of the data under section 127 .

Annotations:

Modifications (not altering text):

C5

References to "processing" construed (25.05.2018) by Data Protection Act 2018 (7/2018), s. 166, S.I. No. 174 of 2018.

Reference to processing in enactment

166. Subject to this Act, a reference in any enactment to processing within the meaning of the Act of 1988 shall be construed as including a reference to processing within the meaning of—

(a) the Data Protection Regulation, and

(b) Part 5.