Data Protection Act, 1988

Codes of practice.

13.—(1) The Commissioner shall encourage trade associations and other bodies representing categories of data controllers to prepare codes of practice to be complied with by those categories in dealing with personal data.

(2) The Commissioner may approve of any code of practice so prepared (referred to subsequently in this section as a code) if he is of opinion that it provides for the data subjects concerned a measure of protection with regard to personal data relating to them that conforms with that provided for by sections 2 , 3 , 4 (other than subsection (8)) and 6 of this Act and shall encourage its dissemination to the data controllers concerned.

(3) Any such code that is so approved of may be laid by the Minister before each House of the Oireachtas and, if each such House passes a resolution approving of it, then—

(a) in so far as it relates to dealing with personal data by the categories of data controllers concerned—

(i) it shall have the force of law in accordance with its terms, and

(ii) upon its commencement, references (whether specific or general) in this Act to any of the provisions of the said sections shall be construed (or, if the code is in substitution for a code having the force of law by virtue of this subsection, continue to be construed) as if they were also references to the relevant provisions of the code for the time being having the force of law,


(b) it shall be deemed to be a statutory instrument to which the Statutory Instruments Act, 1947 , primarily applies.

(4) This section shall apply in relation to data processors as it applies in relation to categories of data controllers with the modification that the references in this section to the said sections shall be construed as references to section 2 (1) (d) of this Act and with any other necessary modifications.