Electoral Reform Act 2022

Data sharing

89. The Act of 1992 is amended by the insertion of the following section after section 13D:

“13E. (1) A registration authority may share information with another registration authority where it is necessary and proportionate for any one or more of the following purposes:

(a) to check for duplicate entries on the register of electors;

(b) to verify the accuracy of the register of electors;

(c) to examine whether information supplied in a form submitted to the registration authority in relation to the register of electors is accurate;

(d) to update and maintain the register of electors;

(e) in pursuance of any other of its functions under this Part.

(2) The Minister for Social Protection may, solely for the purpose of assisting a registration authority in updating, maintaining and ensuring the accuracy of the register of electors, provide, for the purposes of confirming information submitted to or held by the registration authority including the Designated Registration Authority, confirmation of a person’s identifying particulars and the authority or authorities may use such confirmation to update, maintain and ensure the accuracy of the register.

(3) The Minister, may by order, solely for the purpose of assisting a registration authority including the Designated Registration Authority in updating, maintaining and ensuring the accuracy of the register of electors and to identify information or entries on the register that may require to be updated, provide for the conduct of a periodic data-sharing exercise between an authority or authorities and a Minister of the Government or a specified public body.

(4) An order under subsection (3) shall specify the information, which is considered by the Minister to be necessary and proportionate, to be shared, the process to be followed including suitable and specific measures to safeguard the fundamental rights and freedoms of data subjects, and any specified public body to whom the order shall apply.

(5) A Minister of the Government or a specified public body may, for the purpose of the periodic data-sharing exercise under subsection (3), provide a registration authority including the Designated Registration Authority with such information as is necessary and proportionate to the data-sharing exercise referred to in that subsection and the registration authority or authorities may use any such information as is provided for that purpose.

(6) A registration authority may require an tArd-Chláraitheoir to furnish information in connection with deaths of persons in the registration area of the registration authority concerned.

(7) In this section—

‘data-sharing’ means the disclosure of information, including personal data, by a specified public body to another specified public body;

‘identifying particulars’, in relation to a person, means any one or more of the following particulars:

(a) full name (including all former names, if applicable);

(b) date of birth;

(c) address;

(d) nationality;

(e) personal public service number (if any);

(f) in the case of a deceased person, his or her date of death;

‘information’ means any personal data extracted from the register of electors referred to in section 13 or the shared database;

‘specified public body’ means:

(a) a registration authority;

(b) the Designated Registration Authority;

(c) an tArd-Chláraitheoir;

(d) such other public body as may be prescribed as a specified public body by the Minister.”.