British-Irish Agreement Act, 1999
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Application of Data Protection Act, 1988. |
51.—(1) In this section— | |
“the Act of 1988” means the Data Protection Act, 1988 ; | ||
“action” includes failure to act and references to taking an action include references to such a failure; | ||
“the Commissioner” means the Data Protection Commissioner; | ||
“data controller” and “data processor” have the meanings assigned to them by the Act of 1988; | ||
“established” shall be construed in accordance with Directive 95/46/EC of the European Parliament and the Council of 24 October 19951 on the protection of individuals with regard to the processing of personal data and on the free movement of such data; | ||
“the Northern Ireland Commissioner” means the person who performs in Northern Ireland functions corresponding to those of the Commissioner. | ||
(2) The Act of 1988 shall apply in relation to the Bodies with any necessary modifications and subject to the subsequent provisions of this section. | ||
(3) Where the data controller concerned is established in the State only, the Act of 1988 shall apply in relation to any matter concerning that data controller. | ||
(4) Where the data processor concerned is established in the State only, the Act of 1988 shall apply in relation to any matter concerning that data processor. | ||
(5) Where the data controller concerned or the data processor concerned is established in the State and in Northern Ireland, the Act of 1988 shall apply in relation to any matter concerned only if the processing concerned takes place in the State. | ||
(6) In so far as the Act applies to a Body or to a data processor of a Body, the Body shall be deemed to be a person to whom section 16 of the Act of 1988 applies. | ||
(7) Where— | ||
(a) a complaint is made to the Commissioner in relation to a Body or the data processor of a Body and the matter is one to which, by virtue of this section, the Act of 1988 does not apply, and | ||
(b) the data controller concerned or the data processor concerned is situated in Northern Ireland or the processing takes place in Northern Ireland, | ||
the Commissioner shall refer the matter to the Northern Ireland Commissioner and shall furnish to him or her any information in relation to the matter in his or her possession. | ||