208. The Criminal Justice (Mutual Assistance) Act 2008 is amended—

(a) in section 76(1), by the insertion of the following definition:

“ ‘controller’ means a controller within the meaning of Part 5 of the Data Protection Act 2018;”,

(b) in section 79C(7), by the insertion of “or, as the case may be, controller” after “data controller” in each place it occurs,

(c) in section 94, by—

(i) the substitution of the following subsections for subsections (5) and (6):

“(5) Article 7, in its application in relation to the use of personal data contained in evidence or information obtained under the Treaty by a person in the State, is without prejudice to the application of—

(a) subject to section 8 of the Act of 2018, section 7 (duty of care owed by data controllers and data processors) of the Act of 1988 in respect of the use of such data (within the meaning of the Act of 1988), and

(b) Part 5 of the Act of 2018, in respect of the use of such data (within the meaning of that Part).

(6) (a) Subject to section 8 of the Act of 2018, the Data Protection Acts 1988 and 2003 apply in relation to personal data referred to in subsection (5)(a), in respects other than those related to their use.

(b) Part 5 of the Act of 2018 applies in relation to personal data referred to in subsection (5)(b), in respects other than those related to their use.”,

and

(ii) the insertion of the following subsection:

“(8) In this section—

‘Act of 1988’ means the Data Protection Act 1988;

‘Act of 2018’ means the Data Protection Act 2018.”,

and

(d) in section 107, by—

(i) the substitution of the following subsections for subsections (2) and (3):

“(2) Subsection (1) is without prejudice to the application of—

(a) subject to section 8 of the Act of 2018, section 7 (duty of care owed by data controllers and data processors) of the Act of 1988 in respect of the use of such data (within the meaning of the Act of 1988), and

(b) Part 5 of the Act of 2018, in respect of the use of such data (within the meaning of that Part).

(3) (a) Subject to section 8 of the Act of 2018, the Data Protection Acts 1988 and 2003 apply in relation to personal data referred to in subsection (2)(a), in respects other than those related to their use.

(b) Part 5 of the Act of 2018 applies in relation to personal data referred to in subsection (5)(b), in respects other than those related to their use.”,

and

(ii) by the insertion of the following subsection after subsection (4):

“(5) In this section—

‘Act of 1988’ means the Data Protection Act 1988;

‘Act of 2018’ means the Data Protection Act 2018.”.