Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Records, and Another Matter, Act 2020
Restriction on processing of certain records | ||
3. (1) It shall not be lawful for the Agency to process— | ||
(a) such part or parts of the database as contain information compiled from a related record referred to in paragraph (b), | ||
(b) any related record deposited with the Agency in accordance with section 2 that was given to the Commission by a person other than the Agency, or | ||
(c) any information contained in any such part of the database or any such related record, | ||
unless the processing of any such part, any such related record or any such information is— | ||
(i) subject to subsection (2), for a legitimate purpose, or | ||
(ii) authorised or required by or under the Data Protection Regulation, the Data Protection Acts 1988 to 2018 or any other enactment (other than this Act). | ||
(2) Where the Agency processes a part of the database, a related record or information, to which paragraph (a), (b) or (c) of subsection (1) applies, for a legitimate purpose, it shall not effect access, or cause or require any person to effect access, to personal data (within the meaning of the Data Protection Regulation) contained therein. | ||
(3) For the avoidance of doubt, neither this Act nor the Act of 2004 shall operate to prevent the Agency from processing information contained in the database that was compiled from a related record given to the Commission by the Agency. | ||
(4) In this section— | ||
“legitimate purpose” means the purpose of maintaining any part of the database, any related record or any information to which paragraph (a), (b) or (c) of subsection (1) applies; | ||
“process” shall be construed in accordance with the Data Protection Regulation. |