Vehicle Registration Data (Automated Searching and Exchange) Act 2018
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Correction of inaccurate data and deletion of incorrectly supplied data | ||
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5. (1) Whenever, whether on notification from a data subject or otherwise, it comes to the attention of the national contact point in the State that data supplied under this Act are either incorrect or should not have been supplied, the national contact point shall, as soon as practicable, inform the national contact point of the designated state concerned that received the data of that fact and request that national contact point to correct or delete, as may be appropriate, the data concerned. | ||
(2) If the national contact point in the State receives data from the national contact point of a designated state without requesting them, the national contact point shall immediately check whether the data are necessary for the purpose for which they were supplied by the national contact point of the designated state concerned. | ||
(3) Whenever, whether on notification from a data subject or otherwise, it comes to the attention of the national contact point in the State, that data received by the national contact point under section 3 or 4 are either incorrect or should not have been supplied, the national contact point in the State shall, after consultation with the national contact point of the designated state that supplied the data, correct or delete, as may be appropriate, the data concerned. | ||
(4) Subject to subsection (8), a national contact point shall delete data received pursuant to this Act when they are no longer required for the purpose for which they were supplied and, in any event, shall do so not later than the expiration of the maximum period (if any) prescribed by the law of the designated state concerned and specified by the national contact point of that designated state at the time the data were supplied. | ||
(5) If a data subject contests the accuracy of data supplied or received and the accuracy of those data cannot be ascertained, the national contact point in the State shall, as soon as is reasonably practicable, inform the data subject accordingly. | ||
(6) If, following a notification to a data subject under subsection (5), the data subject so requests, the national contact point in the State shall note on those data that the accuracy of them cannot be ascertained, and such a note may be removed only if— | ||
(a) the data subject consents to its removal, or | ||
(b) the Data Protection Commissioner, on application made to the Commissioner in that behalf, is satisfied that the note may be removed. | ||
(7) Personal data supplied to the national contact point in the State by the national contact point of a designated state which should not have been supplied shall be deleted by the national contact point in the State. | ||
(8) Where the national contact point in the State has grounds for believing that the deletion of data in accordance with subsection (4) would prejudice the interests of the data subject, the national contact point shall instead block the data. | ||
(9) Data blocked in accordance with subsection (8) may be supplied or otherwise further processed only for purposes relating to the interests of the data subject concerned. |