Data Sharing and Governance Act 2019

Provision of information on data-sharing

71. (1) The Minister may direct a public body to provide him or her with the information specified in subsection (2).

(2) The information referred to in subsection (1) is as follows:

(a) a list of all data-sharing arrangements that that body has engaged in with other public bodies under this or any other enactment, setting out in respect of each such arrangement—

(i) the names of the participants in the arrangement,

(ii) the purpose of the data-sharing,

(iii) the function of the public body concerned to which the purpose referred to in subparagraph (ii) relates,

(iv) the legal basis for the data-sharing and any further processing, by the parties to the arrangement, of the information disclosed pursuant to the arrangement,

(v) a description of the information disclosed pursuant to the arrangement,

(vi) how the information is processed following its disclosure,

(vii) any restrictions on the disclosure of information after the processing of such information referred to in subparagraph (vi),

(viii) where a data protection impact assessment has been carried out, a summary of the matters referred to in Article 35(7) of the General Data Protection Regulation,

(ix) the security measures applied to the transmission, storage and accessing of personal data, in a manner that does not compromise those security measures,

(x) the requirements in relation to the retention of—

(I) the information disclosed, and

(II) the information resulting from the processing of that information,

for the duration of the arrangement and in the event that the arrangement is terminated, and

(xi) the method employed or to be employed to destroy or delete—

(I) the information disclosed, and

(II) the information resulting from the processing of that information,

at the end of the period for which the information is to be retained in accordance with the arrangement;

(b) any alteration of the data-sharing arrangements referred to in subsection (2) in the period since the public body last provided information on such data-sharing arrangements to the Minister;

(c) such additional information as may be prescribed under subsection (5).

(3) A direction under subsection (1) may specify that the information be provided—

(a) on a periodic basis, or

(b) on each occasion that a new arrangement is entered into or an existing arrangement is altered in any way.

(4) A public body to which a direction under subsection (1) applies shall comply with the direction.

(5) The Minister may, for the purposes of—

(a) increasing transparency in the activities of public bodies as regards their sharing of information under this Act or any other enactment, and

(b) promoting good governance in the sharing of information under this Act or any other enactment,

prescribe additional information to be provided by a public body in receipt of a direction under subsection (1).

(6) The Minister shall publish, on a website maintained by him or her, all of the information received by him or her pursuant to a direction issued under subsection (1).