S.I. No. 338/2014 - Data Protection (Amendment) Act 2003 (Commencement) Order 2014.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 25th July, 2014.

I, FRANCES FITZGERALD, Minister for Justice and Equality, in exercise of the powers conferred on me by section 23 (3) of the Data Protection (Amendment) Act 2003 (No. 6 of 2003) (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 )), hereby order as follows:

1. This Order may be cited as the Data Protection (Amendment) Act 2003 (Commencement) Order 2014.

2. The 18th day of July 2014 is fixed as the day on which the Data Protection (Amendment) Act 2003 (No. 6 of 2003), insofar as it is not already in operation, shall come into operation.

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GIVEN under my Official Seal,

18 July 2014.

FRANCES FITZGERALD,

Minister for Justice and Equality.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order appoints 18th July 2014 as the date on which the Data Protection (Amendment) Act 2003 , insofar as it is not already in operation, comes into force.

The effect of this Order is to commence section 5(d) of the 2003 Act in so far as it inserts subsection (13) of section 4 of the Data Protection Act 1988 . This provision makes it unlawful for employers to require employees or applicants for employment to make an access request seeking copies of personal data which is then made available to the employer or prospective employer. This provision also applies to any person who engages another person to provide a service.