S.I. No. 2/2001 - Data Protection (Registration) Regulations, 2001

1. (1) These Regulations may be cited as the Data Protection (Registration Regulations, 2001.

(2) These Regulations shall come into operation on the 10th day of January, 2001.

2. In these Regulations-

“internet access provider” means a person whose business consists wholly or partly in the connection of persons to the internet, and who holds personal data relating to such persons;

“telecommunications service provider” means a person who holds a licence granted under

section 111

of the

Postal and Telecommunications Services Act, 1983

(No. 24 of 1983), as amended by the European Communities (Telecommunications Licences Regulations, 1998 (

S.I. No. 96 of 1998

), and who holds personal data relating to a person to whom a network, service or system is provided under such licence.

3. The following persons are hereby prescribed for the purposes of

section 16

(1)(e of the

Data Protection Act, 1988

(No. 25 of 1988), that is to say

(a) data controllers who are telecommunications service providers, and

(b) data controllers who are internet access providers.

The Minister for Justice, Equality and Law Reform hereby consents to the making of these Regulations.

GIVEN under my Official Seal

9th January, 2001.

JOHN O'DONOGHUE,

Minister for Justice, Equality and Law Reform.

GIVEN under my Hand, 9th January, 2001.

JOE MEADE,

Data Protection Commissioner.

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations provide for the registration, under

section 16

of the

Data Protection Act 1988

, of persons who provide telecommunications services and internet services, and who keep personal data relating to users of those services.

I, JOE MEADE, Data Protection Commissioner, in exercise of the powers conferred on me by

section 16

(1) (e) of the

Data Protection Act, 1988

(No. 25 of 1988), and with the consent of the Minister for Justice, Equality and Law Reform, hereby make the following regulations