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

127.

Recording of automated supply of data

127. (1) The national contact point in relation to DNA data shall record, in accordance with subsection (3), the supply and receipt of data, including whether or not a match of DNA profiles is found, pursuant to sections 113 , 114 , 115 and 116 .

(2) The national contact point in relation to dactyloscopic data shall record, in accordance with subsection (3), the supply and receipt of data, including whether or not a match of dactyloscopic data is found, pursuant to sections 119 and 120 .

(3) The recording of the supply and receipt of data under subsection (1) or (2)shall be in a permanent legible form or be capable of being converted into a permanent legible form and shall include the following particulars in relation to the data:

(a) a description of the data supplied or received;

(b) the date and time of the supply or receipt of the data;

(c) the name or reference code of the national contact point concerned and the name or reference code of the national contact point of the designated state concerned; and

(d) in the case of data supplied pursuant to section 115 , 116 or 120

(i) the reason for the search or comparison concerned,

(ii) the identifier of the authorised officer for DNA data or the authorised officer for dactyloscopic data, as the case may be, who supplied the data for the purpose of conducting the search or comparison concerned, and

(iii) the identifier of the authorised officer for DNA data or the authorised officer for dactyloscopic data, as the case may be, who authorised the conduct of the search or comparison concerned.

(4) Records created under this section may be used only for the purposes of monitoring data protection and ensuring data security.

(5) The national contact point in relation to DNA data and the national contact point in relation to dactyloscopic data shall—

(a) retain the records created under this section for a period of 2 years from the time of their creation, and

(b) immediately after that period, destroy those records.

(6) Whenever requested to do so by the Data Protection Commissioner, the national contact point in relation to DNA data and the national contact point in relation to dactyloscopic data shall furnish the records created under this section to the Data Protection Commissioner as soon as practicable, but in any event not later than 4 weeks, after the receipt of a request to do so.

(7) The national contact point in relation to DNA data and the national contact point in relation to dactyloscopic data shall—

(a) using the records created under this section, carry out random checks on the lawfulness of the supply and receipt by them of data,

(b) retain the results of those random checks for a period of 18 months from the time they were carried out for the purposes of inspection by the Data Protection Commissioner, and

(c) immediately after that period, destroy those results.

(8) In this section—

“identifier”, in relation to an authorised officer, means the user identification or user certificate that is assigned to the authorised officer for the purposes of a European Union or international instrument;

“reference code”, in relation to a national contact point, means the reference code that is assigned to the national contact point for the purposes of a European Union or international instrument.

Annotations:

Modifications (not altering text):

C8

Functions transferred and references to “Data Protection Commissioner” and “Office of the Data Protection Commission” construed (25.05.2018) by Data Protection Act 2018 (7/2018), s. 14(1), (2), in effect as per ss. 9, 14(4).

Note establishment of the Data Protection Commission (25.05.2018) by Data Protection Act 2018 (7/2018), s. 10(1), in effect as per s. 9.

Transfer of functions of Data Protection Commissioner to Commission

14. (1) All functions that, immediately before the establishment day, were vested in the Data Protection Commissioner are transferred to the Commission.

(2) A reference in any enactment or instrument under an enactment to the Data Protection Commissioner or to the Office of the Data Protection Commissioner shall be construed as a reference to the Commission.

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