International Protection Act 2026
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Sharing of information for performance of functions | ||
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284. (1) A relevant body may share information with another relevant body for the purpose of the performance of the functions of either body under this Act or the EU acts to the extent that it is necessary and proportionate for that purpose and subject to suitable and specific measures being taken. | ||
(2) The Minister may make regulations in relation to the sharing of information by a relevant body under this section, including in relation to— | ||
(a) the nature of the information that may be shared, | ||
(b) the measures to be taken by a relevant body to ensure that information shared by it with another relevant body is shared only to the extent necessary and proportionate for the performance by either body of its functions, and | ||
(c) the suitable and specific measures to be taken in the processing of personal data (including special categories of personal data and Article 10 data). | ||
(3) In making regulations under subsection (2), the Minister shall have regard to the need to safeguard the fundamental rights and freedoms of data subjects in the sharing of personal data (including special categories of personal data and Article 10 data) for the purpose of the performance of the functions of relevant bodies under this Act or the EU acts. | ||
(4) Subject to subsections (5) and (6), where the Minister considers it appropriate, he or she may prescribe a public body as a relevant body for the purposes of this section. | ||
(5) In prescribing a public body as a relevant body, the Minister shall have regard to the functions of the public body concerned. | ||
(6) The Minister shall, prior to prescribing a public body as a relevant body under subsection (4), consult with the public body concerned. | ||
(7) A relevant body who shares information under this section may enter into a data sharing agreement, which shall include the matters that section 19(1) of the Act of 2019 requires to be specified or included in a data-sharing agreement, subject to the following modifications to the description of those matters in section 19(1) of that Act: | ||
(a) references to data-sharing shall be construed as references to any disclosure under the agreement; | ||
(b) the reference in paragraph (d) to the public body concerned shall be construed as a reference to the relevant body with whom the agreement is entered; | ||
(c) the reference in paragraph (f) to a public body shall be construed as a reference to a party to the agreement; | ||
(d) the reference in paragraph (q) to such other matters as may be prescribed under subsection (2) shall be construed as a reference to such other matters as may be prescribed under this section; | ||
(e) the following paragraph shall be construed as having been substituted for paragraph (r): | ||
“(r) include in a schedule to the agreement a statement summarising the grounds on which the relevant bodies consider the disclosure of the information to be necessary and proportionate.”. | ||
(8) Where information is shared under subsection (1), the relevant body with whom it is shared may only use the information for the purpose of the performance by it of its functions and only to the extent necessary and proportionate for that purpose. | ||
(9) This section is without prejudice to any other legal basis for the sharing of documents and information between relevant bodies. | ||
(10) In this section— | ||
“Act of 2019” means the Data Sharing and Governance Act 2019 ; | ||
“Article 10 data” means personal data referred to in Article 10 of the Data Protection Regulation; | ||
“data-sharing agreement” has the meaning it has in the Act of 2019; | ||
“information” includes personal data (including special categories of personal data and Article 10 data); | ||
“processing” has the meaning it has in the Data Protection Regulation; | ||
“public body” has the meaning it has in the Act of 2019; | ||
“relevant body” means— | ||
(a) the Minister, | ||
(b) the Determining Authority, | ||
(c) the Minister for Children, Disability and Equality, | ||
(d) the Minister for Education and Youth, | ||
(e) the Minister for Foreign Affairs and Trade, | ||
(f) the Minister for Further and Higher Education, Research, Innovation and Science, | ||
(g) the Minister for Health, | ||
(h) the Minister for Housing, Local Government and Heritage, | ||
(i) the Minister for Social Protection, | ||
(j) An Garda Síochána, | ||
(k) the Health Service Executive, | ||
(l) the Revenue Commissioners, | ||
(m) the Child and Family Agency, | ||
(n) an international protection guardian, representative organisation (within the meaning of Chapter 2 of Part 3 ), provisional representative person or representative person, | ||
(o) the Tribunal, | ||
(p) the Chief Inspector, | ||
(q) the Legal Aid Board, | ||
(r) the monitoring body, within the meaning of Part 4 , | ||
(s) the High Commissioner, | ||
(t) a service provider, within the meaning of Part 4 , | ||
(u) a person with whom the Minister has entered into a contract for services in accordance with section 277 , or | ||
(v) such other public body as the Minister may prescribe as a relevant body under subsection (4); | ||
“special categories of personal data” has the meaning it has in the Act of 2018; | ||
“suitable and specific measures” means measures taken to safeguard the fundamental rights and freedoms of data subjects in processing the personal data of those subjects and may include measures referred to in section 36(1) of the Act of 2018. |