Childcare Support Act 2018
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Processing of personal data | ||
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24. (1) Notwithstanding anything contained in the Data Protection Acts 1988 and 2003 or any other enactment, the data controller of a person listed in Schedule 3 or of a person prescribed for the time being under subsection (2) (in this subsection called “the first named person”) shall, on being requested to do so by the data controller of a person so listed or prescribed, process personal data kept by the first named person, or information extracted from such data, to the data controller of the other person so listed or prescribed for the time being, if the data controller of the first named person is satisfied that it will be used for a relevant purpose only. | ||
(2) If a person (not being a person listed in Schedule 3 , or prescribed for the time being under this subsection) keeps personal data that is relevant to any of the functions of the scheme administrator, and the Minister considers that such supply by the person not so listed or prescribed to a person so listed or prescribed will further the attainment of a relevant purpose, then the Minister, following consultation with the Data Protection Commissioner, may prescribe that person for the purposes of subsection (1). | ||
(3) Any processing of personal data for the purposes of subsection (1) shall go no further than is reasonably necessary for the attainment of the relevant purpose. | ||
(4) A data controller may refuse a request under subsection (1) if he or she is satisfied that it would be unwarranted in any particular case by reason of prejudice to the fundamental rights and freedoms or legitimate interests of the data subject. | ||
(5) The Minister may, following consultation with the Data Protection Commissioner, make regulations specifying particular circumstances in which subsection (3) is, or is not, to be taken as satisfied. | ||
(6) In this section— | ||
“data controller” has the meaning given to it by the Data Protection Acts 1988 and 2003; | ||
“personal data” has the meaning given to it by the Data Protection Acts 1988 and 2003; | ||
“processing” has the meaning given to it by the Data Protection Acts 1988 and 2003; | ||
“relevant purpose” means the purpose of— | ||
(a) obtaining information to determine whether an applicant is eligible to apply for financial support, | ||
(b) verifying data supplied under section 14 or as part of an application or review process or an appeal process, | ||
(c) obtaining information to determine the amount of financial support which a person is qualified to receive, | ||
(d) obtaining information in relation to the financial contributions of parents towards the provision of childcare services for a child the subject of financial support, | ||
(e) providing data to assist in a review under section 17 or an appeal under section 20 or the prosecution of an offence under section 29 , | ||
(f) assisting in the processing of financial support under section 14 or the processing of an application for financial support and assisting in the payment of such financial support to childcare services providers, | ||
(g) verifying that a child the subject of financial support is enrolled or registered with a childcare services provider and is continuing to attend the services including the number of hours of such attendance, and | ||
(h) identification of an applicant and his or her partner and any children named in the application for financial support. |