Student Support Act 2011

PART 3

Miscellaneous

Processing of personal data.

28.— (1) Notwithstanding anything contained in the Data Protection Acts 1988 and 2003 or any other enactment, the data controller of a person listed in Schedule 2 , or of a person prescribed for the time being under subsection (2) (in this subsection called “the first named person”) shall on being requested to do so by the data controller of a person so listed or prescribed, process personal data kept by the first named person, or information extracted from such data, to the data controller of the other person so listed or prescribed for the time being, if the data controller of the first named person is satisfied that it will be used for a relevant purpose only.

(2) If a person (not being a person listed in Schedule 2 , or prescribed for the time being under this subsection) keeps personal data that is relevant to any of the functions of an awarding authority, inquiry officer, appeals officer or the Appeals Board, and the Minister considers that such supply by the person not so listed or prescribed to a person so listed or prescribed will further the attainment of a relevant purpose, then the Minister, following consultation with the Data Protection Commissioner, may prescribe that person for the purposes of subsection (1).

(3) Any processing of personal data for the purposes of subsection (1) shall go no further than is reasonably necessary for the attainment of the relevant purpose.

(4) A data controller may refuse a request under subsection (1) if he or she is satisfied that it would be unwarranted in any particular case by reason of prejudice to the fundamental rights and freedoms or legitimate interests of the data subject.

(5) In this section—

“data controller” has the meaning given to it by the Data Protection Acts 1988 and 2003;

“personal data” has the meaning given to it by the Data Protection Acts 1988 and 2003;

“processing” has the meaning given to it by the Data Protection Acts 1988 and 2003;

“relevant purpose” means the purpose of—

(a) obtaining information to determine whether an applicant is eligible for a grant,

(b) verifying data supplied as part of the application process,

(c) providing data to assist in an inquiry under section 22 or the prosecution of an offence under section 23 ,

(d) assisting in the processing of an application for a grant by a student and assisting in the payment of grants to students, and

(e) verifying that a student is enrolled or registered, in accordance with the rules of an approved institution, and continuing to attend an approved course at an approved institution.