Written answers

Thursday, 6 July 2006

Department of Justice, Equality and Law Reform

Data Protection Act

6:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 621: To ask the Minister for Justice, Equality and Law Reform if provision was made for the registration of the Houses of the Oireachtas for the purposes to meeting the requirements under the Data Protection Act; if this will require further registration by individual members; and if he will make a statement on the matter. [28121/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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Under section 16 of the Data Protection Act 1988, certain categories of data controller are required formally to register with the Data Protection Commissioner. This requirement currently applies to public representatives who retain sensitive personal data relating to identifiable individuals. However, section 16 of the Data Protection (Amendment) Act 2003 makes provision for revised registration requirements. In particular, it provides that registration will not apply to categories of data controller specified in regulations to be made by the Minister for Justice, Equality and Law Reform following consultation with the Data Protection Commissioner.

I have recently approved the drafting of new registration regulations and they are currently being prepared by the Office of the Parliamentary Counsel. They will provide, inter alia, that candidates for and holders of elective political office who process personal data for the purpose of electoral activities or for the purpose of providing advice or assistance will be exempt from registration.

It should be noted that the provisions of the Data Protection Acts 1988 and 2003 apply to all data controllers whether or not they are required formally to register with the Data Protection Commissioner.

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