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Sharing of information for performance of functions
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264. (1) A relevant body may share documents and information (including personal data within the meaning of the Data Protection Regulation) with—
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(a) another relevant body, or
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(b) a prescribed body which is prescribed in relation to the relevant body,
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for the purpose of the performance of the functions of the relevant body, the other relevant body concerned or the prescribed body concerned, where to do so is in accordance with law and to the extent that is necessary and proportionate for that purpose.
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(2) A prescribed body may share documents and information (including personal data within the meaning of the Data Protection Regulation) with a relevant body in relation to which it is prescribed for the purpose of the performance of the functions of the prescribed body or the relevant body, where to do so is in accordance with law and to the extent that is necessary and proportionate for that purpose.
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(3) The Minister may make regulations in relation to the sharing of information under this section, including in relation to—
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(a) the nature of the information that may be shared under this section,
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(b) the manner in which information shared under this section may be used, and
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(c) the measures to be taken by a relevant body or a prescribed body to ensure that information shared under this section is shared only to the extent that is necessary and proportionate for the performance of the body’s functions.
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(4) Subject to subsections (5) and (6), where the Minister considers it appropriate, he or she may, in relation to each relevant body, prescribe—
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(a) a public body, or
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(b) the Inspector of Prisons,
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as a prescribed body in relation to the relevant body for the purposes of this section.
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(5) In prescribing a public body or the Inspector of Prisons under subsection (4) as a prescribed body in relation to a relevant body, the Minister shall have regard to the functions of the public body or Inspector of Prisons, as the case may be.
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(6) The Minister shall, prior to prescribing a public body or the Inspector of Prisons under subsection (4) as a prescribed body in relation to a relevant body, consult with the relevant body and the public body concerned or the Inspector of Prisons, as the case may be.
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(7) This section is without prejudice to any other legal basis for the sharing of documents and information between relevant bodies and prescribed bodies.
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(8) In this section, “relevant body” means—
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(a) An Garda Síochána,
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(b) the Authority, or
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(c) the Office of the Police Ombudsman.
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