Data Protection Act 2018

Amendment of Property Services (Regulation) Act 2011

218. The Property Services (Regulation) Act 2011 is amended—

(a) in section 2(1), by the insertion of the following definition after the definition of “connected relative”:

“ ‘Data Protection Regulation’ means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 201643 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);”,

(b) in section 42, by the substitution of the following subsection for subsection (2):

“(2) The Commissioner of the Garda Síochána shall, notwithstanding anything contained in any other enactment or rule of law, but subject to the Data Protection Regulation and the Data Protection Act 2018, comply with a request under subsection (1).”,


(c) by the substitution of the following section for section 93:

“Restriction of right of access to personal data in certain circumstances

93. Article 15 (Right of access) of the Data Protection Regulation is restricted, to the extent necessary and proportionate to enable the Authority to effectively perform its functions under this Act in so far as the functions relate to carrying out an investigation, in so far as it relates to personal data (within the meaning of that Regulation) processed by the Authority.”.

43 OJ No. L 119, 4.5.2016, p.1