CervicalCheck Tribunal Act 2019

Restrictions of rights and obligations under Data Protection Regulation

39. (1) The rights and obligations provided for in Articles 12 to 22 (and Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12 to 22) and Article 34 of the Data Protection Regulation are, in so far as the rights and obligations relate to the processing of personal data by a relevant person, restricted to the extent necessary and proportionate to enable the person to perform his or her functions under Part 2.

(2) The Tribunal shall establish procedures providing for the restriction of the Data Protection Regulation to the extent necessary and proportionate to enable the Tribunal to carry out its functions under Part 2 and shall publish the procedures in such manner as it considers appropriate.

(3) In this section—

“Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20161 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);

“personal data” has the same meaning as it has in Article 4 of the Data Protection Regulation;

“processing” has the same meaning as it has in Article 4 of the Data Protection Regulation;

“relevant person” means—

(a) the Chairperson,

(b) an ordinary member of the Tribunal,

(c) a member of staff of the Tribunal,

(d) a person appointed under section 9 (1),

(e) a counsel or solicitor appointed under section 10 ,

(f) the Facilitator,

(g) a moderator appointed under section 32 .

1 O.J. No. L 119, 4. 5.2016, p.1