S.I. No. 426/2016 - Data Protection Act 1988 (Section 2B) Regulations 2016.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th August, 2016.

WHEREAS the Government on 19 July 2016 approved the sharing of certain information by the Commissioner of An Garda Síochána as the Commissioner considers appropriate and consistent with the functions of An Garda Síochána set out in section 7 of the Garda Síochána Act 2005 in accordance with the terms of the Directive issued by the Minister for Justice and Equality on the 21 July 2016 to the Commissioner under section 25 (1) of the Garda Síochána Act 2005 , with the Northern Ireland Historical Institutional Abuse Inquiry;

AND WHEREAS sections 2 (amended by section 3 of the Data Protection (Amendment) Act 2003 (No. 6 of 2003)) and 2A (inserted by section 4 of the Data Protection (Amendment) Act 2003 ) of the Data Protection Act 1988 have been complied with;

AND WHEREAS there are reasons of substantial public interest for the making of these Regulations;

Now I, FRANCES FITZGERALD, Minister for Justice and Equality, in exercise of the powers conferred on me by subsection (1)(b)(xi) of section 2B (inserted by section 4 of the Data Protection (Amendment) Act 2003 ) of the Data Protection Act 1988 (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 138 of 2011 )), hereby make the following regulations:

1. These Regulations may be cited as the Data Protection Act 1988 (Section 2B) Regulations 2016.

2. The processing is authorised of sensitive personal data by the Commissioner of An Garda Síochána, or a member of the Garda Síochána of any rank below Commissioner acting on behalf of the Commissioner, for the purpose of enabling the Commissioner to comply with the Directive issued by the Minister for Justice and Equality on the 21 July 2016 to the Commissioner under section 25 (1) of the Garda Síochána Act 2005 with the Northern Ireland Historical Institutional Abuse Inquiry.

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GIVEN under my Official Seal,

30 July 2016.

FRANCES FITZGERALD,

Minister for Justice and Equality.