DATA PROTECTION ACT 2018 (2018_act_7) | IE

ISB Act 2018-05-24

Schedule 1 DATA PROTECTION ACT 2018 Open official source

SCHEDULE 1 Statutory Instruments Revoked

SCHEDULE 1

Statutory Instruments Revoked

Section 7(3)

Item (1)

Item

(1)

S.I. No. and Year (2)

S.I. No. and Year

(2)

Short Title (3)

Short Title

(3)

Extent of Revocation (4)

Extent of Revocation

(4)

1.

S.I. No. 347 of 1988

Data Protection (Fees) Regulations 1988

The whole Regulations

2.

S.I. No. 350 of 1988

Data Protection (Registration Period) Regulations 1988

The whole Regulations

3.

S.I. No. 351 of 1988

Data Protection (Registration) Regulations 1988

The whole Regulations

4.

S.I. No. 81 of 1989

Data Protection (Restriction of section 4) Regulations 1989

The whole Regulations

5.

S.I. No. 95 of 1993

Data Protection Act 1988 (Section 5(1)(d)) (Specifications) Regulations 1993

The whole Regulations

6.

S.I. No. 657 of 2007

Data Protection Act 1988 (Section 16(1)) Regulations 2007

The whole Regulations

7.

S.I. No. 658 of 2007

Data Protection (Fees) Regulations 2007

The whole Regulations

8.

S.I. No. 687 of 2007

Data Protection (Processing of Genetic Data) Regulations 2007

The whole Regulations

9.

S.I. No. 421 of 2009

Data Protection Act 1988 (Section 5(1)(d)) (Specification) Regulations 2009

The whole Regulations

10.

S.I. No. 426 of 2016

Data Protection (Section 2B) Regulations 2016

The whole Regulations

ISB Act 2018-05-24

Schedule 2 DATA PROTECTION ACT 2018 Open official source

SCHEDULE 2 Data Protection Commission

SCHEDULE 2

Data Protection Commission

Section 10

1. The Commission shall be a body corporate with perpetual succession and an official seal and shall have power to sue, and may be sued, in its corporate name and shall, with the consent of the Minister and the Minister for Public Expenditure and Reform have the power to acquire, hold and dispose of land or an interest in land, and shall have the power to acquire, hold and dispose of any other property.

2. The seal of the Commission shall be authenticated by the signatures of—

(a) a Commissioner, and

(b) a member of staff of the Commission authorised by the Commission for that purpose.

3. Judicial notice shall be taken of the seal of the Commission and any document purporting to be an instrument made by, and to be sealed with the seal of, the Commission shall, unless the contrary is proved, be received in evidence and be deemed to be such instrument without further proof.

4. Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Commission by any person generally or specially authorised by the Commission in that behalf.

5. (1) Where a Commissioner is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament,

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament, or

(d) is elected or co-opted as a member of a local authority,

he or she shall thereupon cease to be a Commissioner.

(2) A person who is for the time being—

(a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,

(b) a member of the European Parliament, or

(c) entitled under the standing orders of a local authority to sit as a member thereof,

shall, while he or she is so entitled as mentioned in clause (a) or (c) or is such a member as mentioned in clause (b), be disqualified for membership of the Commission or for employment in any capacity by the Commission.

ISB Act 2018-05-24

Schedule 3 DATA PROTECTION ACT 2018 Open official source

SCHEDULE 3 Provisions Applicable to Oral Hearing Conducted by an Authorised Officer Under Section 138

SCHEDULE 3

Provisions Applicable to Oral Hearing Conducted by an Authorised Officer Under Section 138

Section 138(11)

Provisions Applicable to Oral Hearing Conducted by an Authorised Officer Under Section 138

1. The authorised officer conducting an oral hearing under section 138(11) for the purposes of an investigation may take evidence on oath, and the administration of such an oath by the authorised officer is hereby authorised.

2. The authorised officer may by notice in writing require a person to attend the oral hearing at such time and place as is specified in the notice to give evidence in respect of any matter in issue in the investigation or to produce any documents, records, statements or other information within his or her possession or control or within his or her procurement.

3. Subject to paragraph 4, a person referred to in paragraph 2 may be examined and cross-examined at the oral hearing.

4. A person referred to in paragraph 2 shall be entitled to the same immunities and privileges in respect of compliance with any requirement referred to in that paragraph as if the person were a witness before the High Court.

5. Where a person referred to in paragraph 2 does not comply or fully comply with a requirement referred to in that paragraph, the authorised officer may apply in a summary manner to the Circuit Court, on notice to that person, for an order requiring the person to comply or fully comply, as the case may be, with the requirement within a period to be specified by the Court, and the Court may make the order sought or such other order as it thinks fit or refuse to make any order.

6. The oral hearing shall be held otherwise than in public.

DATA PROTECTION ACT 2018

Statutory Text (3 Articles)

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