Data Sharing and Governance Act 2019
|
Directions | ||
|
14. (1) The Minister may, with the consent of such other Minister of the Government, if any, in whom functions in relation to a public body to which the Minister proposes to issue a direction are vested, and having had regard to the matters referred to in subsection (8), direct one or more public bodies to disclose information to one or more other public bodies. | ||
(2) A direction under subsection (1) shall specify the public bodies to which it applies and the information to be disclosed. | ||
(3) A direction under subsection (1) may specify conditions in accordance with which specified information is to be disclosed. | ||
(4) Where a direction under subsection (1) specifies conditions in accordance with which specified information is to be disclosed, those conditions shall be reflected in a data-sharing agreement relating to the disclosure of the information specified in the direction. | ||
(5) Part 4 shall not apply to a data-sharing agreement referred to in subsection (4) unless section 13 applies to the disclosure to which the direction concerned relates. | ||
(6) The Minister shall not issue a direction to a public body under subsection (1) if— | ||
(a) the disclosure of the information concerned is prohibited by a law of the European Union or any enactment, or | ||
(b) compliance with the direction would result in a public body being in breach of this Act, another enactment or a law of the European Union. | ||
(7) Prior to issuing a direction under subsection (1), the Minister shall consult with the public bodies concerned, as well as such other Minister of the Government, if any, as the Minister considers appropriate having regard to the functions of that other Minister. | ||
(8) The Minister, shall for the purposes of subsection (1), have regard to whether the disclosure of the information concerned would— | ||
(a) assist in the carrying out of a function of one or more of the public bodies concerned by— | ||
(i) reducing the duplication of tasks carried out by one or more public bodies, | ||
(ii) increasing the efficiency of a public body in carrying out that function, or | ||
(iii) facilitating an improvement in the quality of services being delivered, | ||
(b) assist a public body in verifying the identity of a person receiving a service being delivered by the public body, | ||
(c) assist in the identification or correction of any erroneous information held by one or more of the public bodies concerned, | ||
(d) reduce the need for a person to provide the same information to more than one public body, | ||
(e) assist a public body in establishing the entitlement of a person to a service being delivered by the public body, | ||
(f) facilitate the administration, supervision and control of a service, programme or policy being delivered or implemented, as the case may be, by a public body, | ||
(g) facilitate the improvement or targeting of a service, programme or policy being delivered or implemented, as the case may be, by a public body, | ||
(h) enable the evaluation of a service, programme or policy delivered or implemented or being delivered or implemented, as the case may be, by a public body, or | ||
(i) facilitate an analysis of the structure, functions, resources and service delivery methods of a public body. | ||
(9) A public body to which a direction under subsection (1) applies shall comply with the direction. | ||
(10) Where, following the issue of a direction under subsection (1)— | ||
(a) the disclosure of the information concerned becomes prohibited by a law of the European Union or any enactment, or | ||
(b) compliance with the direction would result in a public body being in breach of this Act, another enactment or a law of the European Union, | ||
the direction shall, subject to subsection (11), cease to have effect. | ||
(11) Where the Data Protection Commission, in exercise of its powers under Article 58(2)(f) of the General Data Protection Regulation, imposes a temporary limitation on a disclosure of information in accordance with a direction under subsection (1), the direction shall cease to have effect until the expiry of that temporary limitation. |