Data Protection Act, 2012 (Act 843) - Revision history

Oblitey at 19:29, 27 December 2024

2024-12-27T19:29:43Z

Oblitey at 19:26, 27 December 2024

2024-12-27T19:26:31Z

Oblitey at 19:16, 27 December 2024

2024-12-27T19:16:55Z

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Oblitey at 19:12, 27 December 2024

2024-12-27T19:12:11Z

← Older revision		Revision as of 21:12, 27 December 2024
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	===''Information provided to Commission''===		===''Information provided to Commission''===

	====84. Disclosure of information===="		====84. Disclosure of information====
	The provisions of an enactment or a rule of law which prohibit or restrict the disclosure of information do not apply to a case where a person furnishes the Commission with information necessary for the performance of the functions of the Commission under this Act.		The provisions of an enactment or a rule of law which prohibit or restrict the disclosure of information do not apply to a case where a person furnishes the Commission with information necessary for the performance of the functions of the Commission under this Act.

Oblitey at 19:08, 27 December 2024

2024-12-27T19:08:59Z

← Older revision		Revision as of 21:08, 27 December 2024
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	====59. Fees====		====59. Fees====
	The Minister may by Regulations prescribe fees for the purpose of sections 49, 50 and 54.		The Minister may by Regulations prescribe fees for the purpose of sections 49, 50 and 54.



	===''Exemptions''===		===''Exemptions''===

	====60. National security===="		====60. National security====
	(1) The processing of personal data is exempt from the provisions of this Act for the purposes of		(1) The processing of personal data is exempt from the provisions of this Act for the purposes of
	:(a) public order,		:(a) public order,

Oblitey at 16:32, 27 December 2024

2024-12-27T16:32:22Z

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Oblitey: Created page with "==ARRANGEMENT OF SECTIONS== ''Data Protection Commission'' :1. Establishment of Data Protection Commission :2. Object of the Commission :3. Functions of the Commission :4. Governing body of the Commission :5. Tenure of office of members :6. Meetings of the Board :7. Disclosure of interest :8. Establishment of committees :9. Allowances :10. Ministerial directives ''Administration'' :11. Appointment of Executive Director :12. Functions of the Executive Director :13. Appo..."

2024-12-27T15:37:06Z

Created page with "==ARRANGEMENT OF SECTIONS== ''Data Protection Commission'' :1. Establishment of Data Protection Commission :2. Object of the Commission :3. Functions of the Commission :4. Governing body of the Commission :5. Tenure of office of members :6. Meetings of the Board :7. Disclosure of interest :8. Establishment of committees :9. Allowances :10. Ministerial directives ''Administration'' :11. Appointment of Executive Director :12. Functions of the Executive Director :13. Appo..."

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← Older revision		Revision as of 21:29, 27 December 2024
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	(1) The Board shall within one month after the receipt of the audit report, submit an annual report to the Minister covering the activities and the operations of the Commission for the year to which the report relates.		(1) The Board shall within one month after the receipt of the audit report, submit an annual report to the Minister covering the activities and the operations of the Commission for the year to which the report relates.

	(2) The annual report shall include the report of the Auditor- General.		(2) The annual report shall include the report of the Auditor-General.

	(3) The Minister shall, within one month after the receipt of the annual report, submit the report to Parliament with a statement that the Minister considers necessary.		(3) The Minister shall, within one month after the receipt of the annual report, submit the report to Parliament with a statement that the Minister considers necessary.
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	====20. Consent, justification and objection====		====20. Consent, justification and objection====
	(1) A person shall not process personal data without the prior ~~con- sent~~ of the data subject unless the purpose for which the personal data is processed is		(1) A person shall not process personal data without the prior consent of the data subject unless the purpose for which the personal data is processed is
	:(a) necessary for the purpose of a contract to which the data subject is a party;		:(a) necessary for the purpose of a contract to which the data subject is a party;
	:(b) authorised or required by law;		:(b) authorised or required by law;
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	(2) On receipt of the request, the data controller shall comply with the request or provide the data subject with credible evidence in support of the data.		(2) On receipt of the request, the data controller shall comply with the request or provide the data subject with credible evidence in support of the data.

	(3) Where the data controller and the data subject are unable to reach an agreement and if the data subject makes a request, the data ~~con- troller~~ shall attach to the record an indication that a request for the data has been made but has not been complied with.		(3) Where the data controller and the data subject are unable to reach an agreement and if the data subject makes a request, the data controller shall attach to the record an indication that a request for the data has been made but has not been complied with.

	(4) Where the data controller complies with the request, the data controller shall inform each person to whom the personal data has been disclosed of the correction made.		(4) Where the data controller complies with the request, the data controller shall inform each person to whom the personal data has been disclosed of the correction made.
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	===''Enforcement''===		===''Enforcement''===


	====75. Enforcement notice====		====75. Enforcement notice====
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	:(c) to refrain from processing personal data or personal data of a description specified in the notice for the purposes specified or in the manner specified after the time specified.		:(c) to refrain from processing personal data or personal data of a description specified in the notice for the purposes specified or in the manner specified after the time specified.

	(2) In deciding whether to serve an enforcement notice, the ~~Com- mission~~ shall consider whether the contravention has caused or is likely to cause damage or distress to any person.		(2) In deciding whether to serve an enforcement notice, the Commission shall consider whether the contravention has caused or is likely to cause damage or distress to any person.

	(3) An enforcement notice issued in respect of a contravention of a provision of this Act may also require the data controller to rectify, block, erase or destroy other data held by the data controller and which contains an expression of opinion which appears to the Commission to be based on the inaccurate data.		(3) An enforcement notice issued in respect of a contravention of a provision of this Act may also require the data controller to rectify, block, erase or destroy other data held by the data controller and which contains an expression of opinion which appears to the Commission to be based on the inaccurate data.

← Older revision		Revision as of 21:26, 27 December 2024
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	:(a) under subsection (3) or (4) or section 7 (2);		:(a) under subsection (3) or (4) or section 7 (2);
	:(b) as a result of a declaration under subsection (6); or		:(b) as a result of a declaration under subsection (6); or
	:(c) by reason of the death of a member the Minister shall notify the President of the vacancy and the President shall appoint a person to fill the vacancy.		:(c) by reason of the death of a member
			the Minister shall notify the President of the vacancy and the President shall appoint a person to fill the vacancy.


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	:(a) to any person for research purposes only,		:(a) to any person for research purposes only,
	:(b) to the data subject or a person acting on behalf of the data subject,		:(b) to the data subject or a person acting on behalf of the data subject,
	:(b) at the request or with the consent of the data subject or a person acting on behalf of the data subject ,or		:(c) at the request or with the consent of the data subject or a person acting on behalf of the data subject ,or
	:(d) in circumstances in which the person making the disclosure has reasonable grounds to believe that the disclosure falls within this section.		:(d) in circumstances in which the person making the disclosure has reasonable grounds to believe that the disclosure falls within this section.

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	====69. Armed Forces====		====69. Armed Forces====
	~~69.~~ Personal data is exempt from the subject information provisions where the application of the provisions is likely to prejudice the combat effectiveness of the Armed Forces of the Republic.		Personal data is exempt from the subject information provisions where the application of the provisions is likely to prejudice the combat effectiveness of the Armed Forces of the Republic.


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	(1) Where at any time it appears to the Commission that personal data		(1) Where at any time it appears to the Commission that personal data
	:(a) is being processed in a manner inconsistent with the provisions of this Act, or		:(a) is being processed in a manner inconsistent with the provisions of this Act, or
	:(b) is not being processed with a view to the publication by a person of a journalistic, literary or artistic material which has not previously been published by the data controller the Commission may make a determination in writing to that effect.		:(b) is not being processed with a view to the publication by a person of a journalistic, literary or artistic material which has not previously been published by the data controller,
			the Commission may make a determination in writing to that effect.

	(2) The Commission shall give a notice of the determination to the data controller.		(2) The Commission shall give a notice of the determination to the data controller.
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	:(b) furnished to the Commission under or for the purposes of this Act,		:(b) furnished to the Commission under or for the purposes of this Act,
	:(c) which relates to an identifiable individual, and		:(c) which relates to an identifiable individual, and
	:(d) which is not at the time of the disclosure and has not previously been available to the public from other sources unless the disclosure is made with lawful authority.		:(d) which is not at the time of the disclosure and has not previously been available to the public from other sources,
			unless the disclosure is made with lawful authority.

	(2) A disclosure is made with lawful authority where the disclosure		(2) A disclosure is made with lawful authority where the disclosure
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	:(c) is made for the purposes of, and is necessary for, the performance of a function under this Act,		:(c) is made for the purposes of, and is necessary for, the performance of a function under this Act,
	:(d) is made for the purposes of any civil or criminal proceedings, which arise under or by virtue of this Act or otherwise, or		:(d) is made for the purposes of any civil or criminal proceedings, which arise under or by virtue of this Act or otherwise, or
	:(e) having regard to the rights, freedoms or legitimate interests of a person, the disclosure is necessary in the public interest.		:(e) having regard to the rights, freedoms or legitimate interests of a person,
			the disclosure is necessary in the public interest.

	(3) A person who knowingly or recklessly discloses information in contravention of subsection (1) commits an offence and is liable on summary conviction to a fine of not more than two thousand five hundred penalty units or to a term of imprisonment of not more than five years or to both.		(3) A person who knowingly or recklessly discloses information in contravention of subsection (1) commits an offence and is liable on summary conviction to a fine of not more than two thousand five hundred penalty units or to a term of imprisonment of not more than five years or to both.