Customs and Excise (Mutual Assistance) Act, 2001

Regulations.

8.—(1) The Minister may make regulations for the purpose of enabling this Act and the Customs Co-operation Convention to have full effect.

(2) Without prejudice to the generality of subsection (1), regulations under this section may—

(a) specify that processing of personal data by the authority in the State receiving the data shall be authorised only for the purpose of preventing and detecting infringements of national customs provisions and prosecuting and punishing infringements of Community and national customs provisions,

(b) provide that personal data may be forwarded by the authority in the State receiving the data without the consent of the authority supplying them to its customs administrations, its investigative authorities and its judicial bodies to enable them to prosecute and punish infringements of national and Community customs provisions; in all other cases consent to forward such data being necessary,

(c) provide for an individual's right to have personal data which have been communicated and found to be inaccurate, corrected or erased,

(d) provide for the recording by the communicating and recipient authorities of any personal data forwarded or received pursuant to the application of the Customs Co-operation Convention,

(e) specify that the person in respect of whom personal data have been communicated may establish what data have been communicated and the use to which they have been put as well as setting out the circumstances under which this right may be restricted,

(f) provide that personal data communicated shall be kept only for the period necessary for the purposes for which they were communicated.

(3) In this section references to personal data shall be construed as references to non-automated personal data.

(4) Regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to be necessary or expedient for the purposes of the regulations.

(5) Where the Minister proposes to make regulations under this section he or she shall, before doing so, consult with such other (if any) Minister of the Government as the Minister considers appropriate having regard to the function of that other Minister of the Government in relation to the proposed regulations.