S.I. No. 486/2011 - Data Protection Act 1988 (Section 2B) Regulations 2011.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th September, 2011.

WHEREAS the Government on 13 June 2011 decided to establish an Inter-Departmental Committee to establish the facts of State involvement with the Magdalen Laundries;

AND WHEREAS the Minister for Justice and Equality, has appointed Senator Martin McAleese to chair the aforementioned Committee;

AND WHEREAS the Committee will perform a function of a public nature in the public interest;

AND WHEREAS it is necessary for the performance of that function and for the purposes of the legitimate interests pursued that personal data be processed;

AND WHEREAS there are reasons of substantial public interest for the facts of State involvement in the Magdalen Laundries to be established;

AND WHEREAS it is necessary for those reasons of substantial public interest that sensitive personal data be disclosed to and processed by the aforementioned Committee;

NOW I, ALAN SHATTER, Minister for Justice and Equality (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 )), in exercise of the powers conferred on me by section 2B(1)(b)(xi) (inserted by section 4 of the Data Protection Act 2003 (No. 6 of 2003)) of the Data Protection Act 1988 (No. 25 of 1988) for reasons of substantial public interest, hereby make the following regulations:

1. These Regulations may be cited as the Data Protection Act 1988 (Section 2B) Regulations 2011.

2. In these Regulations “Committee” means the Inter-Departmental Committee to establish the facts of State involvement with the Magdalen Laundries, established in pursuance of a decision of the Government made on 13 June 2011;

3. Processing of sensitive personal data by a data controller, at the request of the Committee in furtherance of its functions, is authorised for reasons of substantial public interest.

4. Processing of sensitive personal data by the Committee in furtherance of its functions is authorised for reasons of substantial public interest.

5. Sensitive personal data processed in accordance with Regulation 4 shall not be disclosed except in so far as it is necessary for the performance of the functions of the Committee to do so.

6. Sensitive personal data processed in accordance with Regulation 4 shall not be published except with the consent of the data subject.

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GIVEN under my Official Seal,

27 September 2011.

ALAN SHATTER,

Minister for Justice and Equality.