James Reilly (Dublin North, Fine Gael) | Oireachtas source

I move amendment No. 7:

In page 11, to delete lines 8 to 19 and substitute the following:"(4) Subject to subsection (9),the Minister shall not prescribe a processing of relevant information (individuals) relating to health for the purposes ofsubparagraph (iv)of paragraph (g)of the definition of "secondary purpose" in section 2(1)unless he or she is satisfied that it is in the public interest that that processing be a secondary purpose for the purposes of this Act.
(5) Subject to subsection (9),the Minister shall not prescribe a person, or a class of persons, for the purposes of paragraph (c)of the definition of "specified person" in section 2(1)unless the Minister is satisfied that it is in the public interest that that person, or a person who falls within that class of persons, as the case may be, be a specified person for the purposes of this Act.
(6) Subject to subsection (9),the Minister shall not prescribe a class of specified persons and a class of relevant information (individuals) for the purposes of paragraph (b) of section 10(2)unless he or she is satisfied that it is in the public interest that specified person who falls within that class of specified persons not have access, pursuant to paragraph (a) of section 10(2),to relevant information (individuals) that falls within that class of relevant information (individuals).
(7) (a) Subject to subjection (9), the Minister shall not prescribe a class of relevant information (individuals) to which paragraph (c)of section 11(6) does not apply unless he or she is satisfied that it is in the public interest that that paragraph not apply to that class of relevant information (individuals).

(b) Subject to subsection (9),the Minister shall not prescribe a class of relevant information (individuals) to which paragraph (e)of section 11(6)does not apply unless he or she is satisfied that it is in the public interest that that paragraph not apply to that class of relevant information (individuals).
(c) Subject to subsection (9),the Minister shall not prescribe a class of secondary purposes to which paragraph (e)of section 11(6)does not apply unless he or she is satisfied that it is in the public interest that that paragraph not apply to that class of secondary purposes.

(8) The Minister may, after consultation with the Data Protection Commissioner-

(a) prescribe a person, or a class of persons, for the purposes of paragraph (b)of the definition of "authorised disclosee" in section 2(1),
(b) prescribe particulars for the purposes of paragraph (n)of the definition of "other identifying particulars" in section 2(1),
(c) prescribe a processing of relevant information (individuals) relating to health for the purposes of subparagraph (iv) of paragraph (g)of the definition of "secondary purpose" in section 2(1),
(d) prescribe a person, or a class of persons, for the purposes of paragraph (c)of the definition of "specified person" in section 2(1),
(e) prescribe a class of persons and a class of relevant information (individuals) for the purposes of paragraph (b)of section 10(2),
(f) prescribe a class of relevant information (individuals) to which paragraph (c)of section 11(6)does not apply, or
(g) prescribe a class of relevant information (individuals) or a class of secondary purposes to which paragraph (e)of section 11(6)does not apply, or both.

(9) When determining whether or not a matter referred to in subsection (3), (4), (5), (6) or(7) is in the public interest, the Minister shall have due regard to protecting the privacy of individuals and securing the effective achievement of one or more than one relevant purpose.".