Criminal Penalties) (Amendment) Regulations, 2020

L.N. 108 of 2020

DATA PROTECTION ACT

(CAP. 586)

Data Protection (Processing of Personal Data by Competent

Authorities for the Purposes of the Prevention, Investigation,

Detection or Prosecution of Criminal Offences or the Execution of

Criminal Penalties) (Amendment) Regulations, 2020

IN EXERCISE of the powers conferred by article 4(1) of the

Data Protection Act, the Minister for Justice, Equality and

Governance, after consultation with the Minister for Home Affairs,

National Security and Law Enforcement and the Information and Data

Protection Commissioner, has made the following regulations:-

The title of these regulations is the Data Protection Citation.

(Processing of Personal Data by Competent Authorities for the

Purposes of the Prevention, Investigation, Detection or Prosecution of

Criminal Offences or the Execution of Criminal Penalties)

(Amendment) Regulations, 2020, and these regulations shall be read

and construed as one with the Data Protection (Processing of Personal S.L. 586.08.

Data by Competent Authorities for the Purposes of the Prevention,

Investigation, Detection or Prosecution of Criminal Offences or the

Execution of Criminal Penalties) Regulations, hereinafter referred to

as the "principal regulations".

In regulation 2, in the definition of "Commissioner", the Amends

regulation 2 of

words "article 12" shall be substituted by the words "article 11".

the principal

regulations.

Sub-regulation (1) of regulation 38 of the principal Amends

regulation 38 of

regulations shall be amended as follows

the principal

regulations.

(a) in paragraph (c) thereof, the words "relating to the

purposes set out in regulation 3(1):" shall be substituted by the

words "relating to the purposes set out in regulation 3(1)" and

immediately thereafter, there shall be added the words "or

resulting from, or otherwise relating to, a criminal offence:"; and

(b) in the proviso of paragraph (c) thereof, the words

"necessitating the communication;" shall be substituted by the

words "necessitating the communication:" and immediately

thereafter, there shall be added the following new proviso

"Provided further that the data communicated to

private parties shall be limited to what is strictly necessary

to adequately identify the persons mentioned under

regulation 6(a) in order to exercise his rights under this

paragraph.".

In Regulation 54, the words "Article 32" shall be

substituted by the words "Article 31".

€0.18