Seán Sherlock (Cork East, Labour) | Oireachtas source

I move amendment No. 32:

In page 37, to delete lines 4 to 8 and substitute the following:"(10) (a) Without prejudice to the generality of subsection (4), any person who uses personal data from the Customs Information System (CIS) other than for the purpose of the aim specified in Article 1(2) of the CIS Decision, shall—

(i) where the case is one to which paragraph (b) applies, be guilty of an offence under section 19(6) of the Data Protection Act 1988, or

(ii) where the case is one to which paragraph (c) applies, be guilty of an offence under section 22(1) of that Act.

(b) This paragraph applies to a case in which—

(i) the person referred to in paragraph (a) is a data controller within the meaning of the Data Protection Act 1988 in respect of whom there is an entry in the register established and maintained under section 16 of that Act or an employee or agent (other than a data processor within the meaning of that Act) of such a data controller, and

(ii) the use of the data for the purpose referred to in paragraph (a) is done knowingly.

(c) This paragraph applies to a case in which—

(i) the person referred to in paragraph (a) is not a data controller, or an employee or agent of a data controller, as referred to in paragraph (b)(i), and

(ii) the use made of the data by the person involves the disclosure of the data to another person.".

This amendment provides for the application by the State of certain EU instruments in relation to co-operation between member states in combating customs offences - namely, the Naples II Convention - and the application of certain aspects of a Council Decision on the use of the customs information system, which is used in connection with customs offences.