4. (1) Nothing in this Act shall affect the validity of a recording or processing, of a type that is governed by a provision of this Act, that is created or carried out, as the case may be, before the coming into operation of the provision.

(2) Nothing in this Act shall render unlawful any action of a member of Garda personnel with respect to data that is not personal data (including obtaining, retaining or processing that data) that would otherwise be lawful.

(3) This Act shall not apply to the following:

(a) the recording by electronic or other similar means under regulations made under section 27 of the Criminal Justice Act 1984 of the questioning of a person by a member of the Garda Síochána at Garda Síochána stations or elsewhere in connection with the investigation of offences;

(b) a recording referred to in paragraph (a) or (b) of section 16(1) of the Criminal Evidence Act 1992;

(c) surveillance carried out in accordance with—

(i) a valid authorisation given under, or

(ii) an approval given in accordance with section 7 or 8 of,

the Act of 2009.

(4) For the avoidance of doubt, the provisions of this Act are without prejudice to the provisions of the Data Protection Acts 1988 to 2018.