Pat Breen (Clare, Fine Gael) | Oireachtas source

I move amendment No. 240:

In page 126, between lines 25 and 26, to insert the following:“Amendment of Health Identifiers Act 2014

204. The Health Identifiers Act 2014 is amended—

(a) in section 2(1)—

(i) by the insertion of the following definition after the definition of “Act of 2013”:

“ ‘Act of 2018’ means the Data Protection Act 2018;”,

(ii) by the insertion of the following definition after the definition of “conditions”:

“ ‘Data Protection Regulation’ means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);”,

(iii) by the substitution of the following definition for the definition of “personal data”:

“ ‘personal data’ means personal data within the meaning of—

(a) the Data Protection Regulation, or

(b) Part 5 of the Act of 2018;”,

(iv) by the substitution of the following definition for the definition of “processing”:

“ ‘processing’ means processing within the meaning of—

(a) the Data Protection Regulation, or

(b) Part 5 of the Act of 2018;”,

(v) in paragraph (g)(iii) of the definition of “secondary purpose”, by the substitution of “in accordance with the Data Protection Regulation and the Act of 2018” for “in accordance with the Data Protection Acts 1988 and 2003”,

and

(b) by the substitution of the following Part for Part 6:

“PART 6

APPLICATION OF DATA PROTECTION REGULATION

Application of Data Protection Regulation

27. Article 32 of the Data Protection Regulation shall apply to a deceased individual’s relevant information (individual) as it applies to a living individual’s relevant information (individual).”.”.