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Chapter 2
Information sharing and data protection
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Information and documents to be made available to Director
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27. (1) A Director may, for the purposes of assisting him or her in performing his or her functions under this Act, by notice in writing request an information source to provide him or her with such information and documents, including information and documents containing personal data and special categories of personal data, as are specified in the notice and as are in the possession, control, power or procurement of the information source.
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(2) A notice under subsection (1) shall—
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(a) identify the purpose for which the information and documents are required and for how long they will be retained,
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(b) confirm that a copy only of the documents should be provided and specify the format in which those copies, and any information requested, is to be provided to the Director,
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(c) confirm the safeguards in place in relation to the storage of the information and documents provided, and
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(d) specify the time period within which the information and documents are to be provided by the information source to the Director.
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(3) An information source shall comply with a notice under subsection (1) within the time period specified in the notice or within such further time period as may be agreed in writing between the Director and the information source.
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(4) A relevant Minister may, where he or she considers a person may have information or documents which are referred to in subsection (1), by order designate the person as an information source to whom this section shall apply.
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(5) In this section—
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“controller” has the same meaning as it has in Article 4 of the Data Protection Regulation;
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“information source” means—
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(a) a Department of State,
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(b) a public body who has or had a relevant role in relation to the institution,
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(c) a person who is the holder, controller or processor, of information or documents relating to an institution,
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(d) the Office of the Comptroller and Auditor General,
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(e) the Office of the Ombudsman,
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(f) a local authority,
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(g) a religious organisation or community including but not limited to a diocese or parish of the Roman Catholic Church and a diocese or parish of the Church of Ireland,
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(h) a body (other than a company) established by or under statute, or
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(i) a company established pursuant to a power conferred by or under an enactment, and financed wholly or partly by—
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(i) moneys provided, or loans made or guaranteed, by a Minister of the Government,
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(ii) the issue of shares held by or on behalf of a Minister of the Government, or
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(iii) a company, a majority of the shares in which are held by or on behalf of a Minister of the Government,
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or
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(j) a person designated by order under subsection (4);
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“processor” has the same meaning as it has in Article 4 of the Data Protection Regulation.
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