Data Sharing and Governance Act 2019
Number 5 of 2019
DATA SHARING AND GOVERNANCE ACT 2019
REVISED
Updated to 26 June 2023
This Revised Act is an administrative consolidation of the Data Sharing and Governance Act 2019. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Civil Defence Act 2023 (17/2023), enacted 26 June 2023, and all statutory instruments up to and including the Data Sharing and Governance Act 2019 (Exempted Body) Order 2023 (S.I. No. 337 of 2023), made 26 June 2023, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 5 of 2019
DATA SHARING AND GOVERNANCE ACT 2019
REVISED
Updated to 26 June 2023
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
This Act is not collectively cited with any other Act.
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Online Safety and Media Regulation Act 2022 (41/2022)
• Water Services (Amendment) Act 2022 (39/2022)
• Greyhound Racing Act 2019 (15/2019)
All Acts up to and including Civil Defence Act 2023 (17/2023), enacted 26 June 2023, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Data Sharing and Governance Act 2019 (Exempted Body) Order 2023 (S.I. No. 337 of 2023)
• Data Sharing and Governance Act 2019 (Commencement of Certain Provisions) Order 2022 (S.I. No. 137 of 2022)
• Data Sharing and Governance Act 2019 (Commencement of Certain Provisions) Order 2021 (S.I. No. 334 of 2021)
• Data Sharing And Governance Act 2019 (Commencement Of Certain Provisions) Order 2019 (S.I. No. 189 of 2019)
All statutory instruments up to and including Agriculture Appeals Act 2001 (Amendment of Schedule) (No. 2) Regulations 2022 (S.I. No. 337 of 2023), made 26 June 2023, were considered in the preparation of this revision.
Number 5 of 2019
DATA SHARING AND GOVERNANCE ACT 2019
REVISED
Updated to 26 June 2023
CONTENTS
PART 1
Preliminary and General
1. Short title and commencement
PART 2
Application of Act
5. Application of Act to special categories of personal data
6. Interaction with Data Protection Acts and General Data Protection Regulation
7. Interaction with Social Welfare Consolidation Act 2005
8. Interaction with other enactments
PART 3
Regulation of Data-sharing
13. Data-sharing: requirements
PART 4
Data-sharing Agreements
16. Obligation to enter into data-sharing agreement
18. Accession to data-sharing agreement
19. Content of data-sharing agreement
20. Review of operation of data-sharing agreement
PART 5
Public service information
25. Administration of Single Public Service Pension Scheme
26. Administration of pre-existing public service pension schemes
27. Public service policy analysis
29. Data protection impact assessment
31. Pension scheme information systems
PART 6
Business Information
35. Allocation of unique business identifier number
36. Disclosure of business information
PART 7
Base Registries
37. Designation of base registry
42. Obligation to use base registry
PART 8
Personal Data Access Portal
44. Establishment of personal data access portal
PART 9
Data Governance
Chapter 1
Data Governance Board
47. Membership of Board and related matters
49. Disqualification from membership of Board
50. Resignation from membership
Chapter 2
Review of Data Sharing Agreements
56. Submission of documentation and information to Board
57. Review of data-sharing agreement
58. Amendments following review
61. Effective date of agreement
62. Time periods and documentation
Chapter 3
Governance
64. Rules, procedures and standards
67. Publication of regulations and guidelines
PART 10
Miscellaneous
69. Prohibition on requests for certain documents
70. Specification of information
71. Provision of information on data-sharing
73. Amendment of Ministers and Secretaries (Amendment) Act 2011
74. Amendment of Social Welfare Consolidation Act 2005
75. Amendment of National Shared Services Office Act 2017
SCHEDULE
Bodies to which definition of “public body” does not apply
Acts Referred to
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)
Civil Registration Act 2004 (No. 3)
Civil Service Regulation Act 1956 (No. 46)
Communications Regulation (Postal Services) Act 2011 (No. 21)
Companies Act 2014 (No. 38)
Comptroller and Auditor General Acts 1866 to 1998
Copyright and Related Rights Act 2000 (No. 28)
Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6)
Criminal Justice (Terrorist Offences) Act 2005 (No. 2)
Criminal Law Act 1976 (No. 32)
Data Protection Act 2018 (No. 7)
Data Protection Acts 1988 to 2018
Education Act 1998 (No. 51)
Education and Training Boards Act 2013 (No. 11)
Electronic Commerce Act 2000 (No. 27)
Employment Equality Act 1998 (No. 21)
European Parliament Elections Act 1997 (No. 2)
Family Law (Divorce) Act 1996 (No. 33)
Family Law Act 1995 (No. 26)
Interpretation Act 2005 (No. 23)
Irish Human Rights and Equality Commission Act 2014 (No. 25)
Local Government Act 2001 (No. 37)
Ministers and Secretaries (Amendment) Act 2011 (No. 10)
National Shared Services Office Act 2017 (No. 26)
Offences against the State Acts 1939 to 1998
Public Service Pay and Pensions Act 2017 (No. 34)
Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37)
Public Service Superannuation (Miscellaneous Provisions) Act 2004 (No. 7)
Social Welfare Consolidation Act 2005 (No. 26)
Statistics Act 1993 (No. 21)
Taxes Consolidation Act 1997 (No. 39)
Vital Statistics and Births, Deaths and Marriages Registration Act 1952 (No. 8)
Number 5 of 2019
DATA SHARING AND GOVERNANCE ACT 2019
REVISED
Updated to 26 June 2023
An Act to provide for the regulation of the sharing of information, including personal data, between public bodies; to provide for the regulation of the management of information by public bodies; to provide for the establishment of base registries; to provide for the collection of public service information; to establish the Data Governance Board; to amend the Taxes Consolidation Act 1997; to amend the Social Welfare Consolidation Act 2005; to amend the Ministers and Secretaries (Amendment) Act 2011; to amend the National Shared Services Office Act 2017; and to provide for related matters.
[4th March, 2019]
Be it enacted by the Oireachtas as follows: