Civil Law (Miscellaneous Provisions) Act 2022

Regulations (Part 5)

44. (1) Subject to subsection (2), the Minister for Justice may, with the consent of the Minister for Social Protection, by regulations prescribe an immigration enactment as a relevant immigration enactment for the purposes of this Part.

(2) The Minister for Justice shall not prescribe an immigration enactment as a relevant immigration enactment under subsection (1) unless he or she is satisfied, in respect of the enactment to be prescribed that—

(a) it is an enactment under which a relevant person is required to provide his or her personal data,

(b) it is likely that a relevant person would wish to provide, at the same time, his or her personal data for the purposes of that enactment and a relevant social welfare enactment,

(c) there would be a benefit to a relevant person, in terms of reducing the financial or administrative burden that would otherwise be imposed on him or her, of providing, at the same time, his or her personal data for the purposes of that enactment and a relevant social welfare enactment, and

(d) it would be efficient and useful to enable a relevant officer to collect personal data for the purpose of that enactment at the same time as collecting personal data for the purpose of a relevant social welfare enactment.

(3) In making regulations under this section, the Minister for Justice shall have regard to the need to safeguard the fundamental rights and freedoms of data subjects in processing personal data under this Part.

(4) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which the House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.