Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Records, and Another Matter, Act 2020

Restriction on processing of certain records

3. (1) It shall not be lawful for the Agency to process—

(a) such part or parts of the database as contain information compiled from a related record referred to in paragraph (b),

(b) any related record deposited with the Agency in accordance with section 2 that was given to the Commission by a person other than the Agency, or

(c) any information contained in any such part of the database or any such related record,

unless the processing of any such part, any such related record or any such information is—

(i) subject to subsection (2), for a legitimate purpose, or

(ii) authorised or required by or under the Data Protection Regulation, the Data Protection Acts 1988 to 2018 or any other enactment (other than this Act).

(2) Where the Agency processes a part of the database, a related record or information, to which paragraph (a), (b) or (c) of subsection (1) applies, for a legitimate purpose, it shall not effect access, or cause or require any person to effect access, to personal data (within the meaning of the Data Protection Regulation) contained therein.

(3) For the avoidance of doubt, neither this Act nor the Act of 2004 shall operate to prevent the Agency from processing information contained in the database that was compiled from a related record given to the Commission by the Agency.

(4) In this section—

“legitimate purpose” means the purpose of maintaining any part of the database, any related record or any information to which paragraph (a), (b) or (c) of subsection (1) applies;

“process” shall be construed in accordance with the Data Protection Regulation.