(LRC Revised)

Number 5 of 2019

DATA SHARING AND GOVERNANCE ACT 2019

REVISED

Updated to 1 June 2024

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative

consolidation of the

Data Sharing and Governance Act 2019

. It is prepared by the

Law Reform Commission in accordance with its function under the

Law Reform Commission

Act 1975

(3/1975) to keep the law under review and to undertake revision and

consolidation of statute law.

All Acts up to and including the

Research and Innovation Act 2024

(15/2024), enacted 4 June 2024, and all

statutory instruments up to and including the

Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Carer’s

Benefit and Carer’s Allowance – Earnings Disregard) Regulations 2024

(S.I. No. 275 of 2024), made 31 May 2024, were considered in the preparation of this

Revised Act.

Disclaimer: While every care has been

taken in the preparation of this Revised Act, the Law Reform Commission can assume

no

responsibility for and give no guarantees, undertakings or warranties concerning the

accuracy, completeness or up to date nature of the information provided and does not

accept any liability whatsoever arising from any errors or omissions. Please notify

any

errors, omissions and comments by email to revisedacts@lawreform.ie.

Number

5

of

2019

DATA SHARING AND GOVERNANCE ACT

2019

REVISED

Updated to 1 June 2024

CONTENTS

PART 1

Preliminary and General

1. Short title and

commencement

2. Definitions

3. Regulations and

Orders

4. Expenses

PART 2

Application of Act

5. Application of Act to special

categories of personal data

6. Interaction with Data

Protection Acts and General Data Protection Regulation

7. Interaction with Social Welfare

Consolidation Act 2005

8. Interaction with other

enactments

9. Data-sharing

meaning

10. Public body

meaning

11. Deceased persons

12. Exclusions

PART 3

Regulation of Data-sharing

13. Data-sharing

requirements

14. Directions

PART 4

Data-sharing Agreements

15. Application (Part

4)

16. Obligation to enter into

data-sharing agreement

17. Formal

requirements

18. Accession to data-sharing

agreement

19. Content of data-sharing

agreement

20. Review of operation of

data-sharing agreement

21. Lead agency

22. Cessation

PART 5

Public service information

23. Definitions (Part

5)

24. Application (Part

5)

25. Administration of Single

Public Service Pension Scheme

26. Administration of

pre-existing public service pension schemes

27. Public service policy

analysis

28. Information

requests

29. Data protection impact

assessment

30. Anonymisation

31. Pension scheme information

systems

32. Transparency

PART 6

Business Information

33. Definitions (Part

6)

34. Application (Part

6)

35. Allocation of unique business

identifier number

36. Disclosure of business

information

PART 7

Base Registries

37. Designation of base

registry

38. Base registry

owner

39. Processing of

information

40. Terms of service

41. Access to

information

42. Obligation to use base

registry

PART 8

Personal Data Access Portal

43. Application (Part

8)

44. Establishment of personal

data access portal

PART 9

Data Governance

Chapter 1

Data Governance Board

45. Appointment of

Board

46. Functions of Board

47. Membership of Board and

related matters

48. Committees

49. Disqualification from

membership of Board

50. Resignation from

membership

51. Casual vacancies

52. Reporting

Chapter 2

Review of Data Sharing Agreements

53. Definitions (Chapter

2)

54. Exclusions (Chapter

2)

55. Public

consultation

56. Submission of documentation

and information to Board

57. Review of data-sharing

agreement

58. Amendments following

review

59. Execution of

agreement

60. Publication

61. Effective date of

agreement

62. Time periods and

documentation

Chapter 3

Governance

63. Application (Chapter

3)

64. Rules, procedures and

standards

65. Guidelines

66. Model agreements

67. Publication of regulations

and guidelines

68. Compliance report

PART 10

Miscellaneous

69. Prohibition on requests for

certain documents

70. Specification of

information

71. Provision of information on

data-sharing

72. Amendment of Act of

1997

73. Amendment of Ministers and

Secretaries (Amendment) Act 2011

74. Amendment of Social Welfare

Consolidation Act 2005

75. Amendment of National Shared

Services Office Act 2017

SCHEDULE

Bodies to which definition of “public body” does not apply

Acts Referred to

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No.

24)

Civil Registration Act 2004 (No. 3)

Civil Service Regulation Act 1956 (No. 46)

Communications Regulation (Postal Services) Act 2011 (No. 21)

Companies Act 2014 (No. 38)

Comptroller and Auditor General Acts 1866 to 1998

Copyright and Related Rights Act 2000 (No. 28)

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6)

Criminal Justice (Terrorist Offences) Act 2005 (No. 2)

Criminal Law Act 1976 (No. 32)

Data Protection Act 2018 (No. 7)

Data Protection Acts 1988 to 2018

Education Act 1998 (No. 51)

Education and Training Boards Act 2013 (No. 11)

Electronic Commerce Act 2000 (No. 27)

Employment Equality Act 1998 (No. 21)

European Parliament Elections Act 1997 (No. 2)

Family Law (Divorce) Act 1996 (No. 33)

Family Law Act 1995 (No. 26)

Interpretation Act 2005 (No. 23)

Irish Human Rights and Equality Commission Act 2014 (No. 25)

Local Government Act 2001 (No. 37)

Ministers and Secretaries (Amendment) Act 2011 (No. 10)

National Shared Services Office Act 2017 (No. 26)

Offences against the State Acts 1939 to 1998

Public Service Pay and Pensions Act 2017 (No. 34)

Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37)

Public Service Superannuation (Miscellaneous Provisions) Act 2004 (No. 7)

Social Welfare Consolidation Act 2005 (No. 26)

Statistics Act 1993 (No. 21)

Taxes Consolidation Act 1997 (No. 39)

Vital Statistics and Births, Deaths and Marriages Registration Act 1952 (No. 8)

Number

5

of

2019

DATA SHARING AND GOVERNANCE ACT

2019

REVISED

Updated to 1 June 2024

An Act to provide for the regulation of the sharing of information, including personal

data, between public bodies; to provide for the regulation of the management of information

by public bodies; to provide for the establishment of base registries; to provide

for the collection of public service information; to establish the Data Governance

Board; to amend the Taxes Consolidation Act 1997; to amend the Social Welfare Consolidation

Act 2005; to amend the Ministers and Secretaries (Amendment) Act 2011; to amend the

National Shared Services Office Act 2017; and to provide for related matters.

[4

th March

, 2019]

Be it enacted by the Oireachtas

as follows

CONTENTS

PART 1

Preliminary and General

1. Short title and

commencement

2. Definitions

3. Regulations and

Orders

4. Expenses

PART 2

Application of Act

5. Application of Act to special

categories of personal data

6. Interaction with Data

Protection Acts and General Data Protection Regulation

7. Interaction with Social Welfare

Consolidation Act 2005

8. Interaction with other

enactments

9. Data-sharing

meaning

10. Public body

meaning

11. Deceased persons

12. Exclusions

PART 3

Regulation of Data-sharing

13. Data-sharing

requirements

14. Directions

PART 4

Data-sharing Agreements

15. Application (Part

4)

16. Obligation to enter into

data-sharing agreement

17. Formal

requirements

18. Accession to data-sharing

agreement

19. Content of data-sharing

agreement

20. Review of operation of

data-sharing agreement

21. Lead agency

22. Cessation

PART 5

Public service information

23. Definitions (Part

5)

24. Application (Part

5)

25. Administration of Single

Public Service Pension Scheme

26. Administration of

pre-existing public service pension schemes

27. Public service policy

analysis

28. Information

requests

29. Data protection impact

assessment

30. Anonymisation

31. Pension scheme information

systems

32. Transparency

PART 6

Business Information

33. Definitions (Part

6)

34. Application (Part

6)

35. Allocation of unique business

identifier number

36. Disclosure of business

information

PART 7

Base Registries

37. Designation of base

registry

38. Base registry

owner

39. Processing of

information

40. Terms of service

41. Access to

information

42. Obligation to use base

registry

PART 8

Personal Data Access Portal

43. Application (Part

8)

44. Establishment of personal

data access portal

PART 9

Data Governance

Chapter 1

Data Governance Board

45. Appointment of

Board

46. Functions of Board

47. Membership of Board and

related matters

48. Committees

49. Disqualification from

membership of Board

50. Resignation from

membership

51. Casual vacancies

52. Reporting

Chapter 2

Review of Data Sharing Agreements

53. Definitions (Chapter

2)

54. Exclusions (Chapter

2)

55. Public

consultation

56. Submission of documentation

and information to Board

57. Review of data-sharing

agreement

58. Amendments following

review

59. Execution of

agreement

60. Publication

61. Effective date of

agreement

62. Time periods and

documentation

Chapter 3

Governance

63. Application (Chapter

3)

64. Rules, procedures and

standards

65. Guidelines

66. Model agreements

67. Publication of regulations

and guidelines

68. Compliance report

PART 10

Miscellaneous

69. Prohibition on requests for

certain documents

70. Specification of

information

71. Provision of information on

data-sharing

72. Amendment of Act of

1997

73. Amendment of Ministers and

Secretaries (Amendment) Act 2011

74. Amendment of Social Welfare

Consolidation Act 2005

75. Amendment of National Shared

Services Office Act 2017

SCHEDULE

Bodies to which definition of “public body” does not apply

Number

5

of

2019