S.I. No. 735/2024 - Infectious Diseases (Amendment) (No. 3) Regulations 2024


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd January, 2025.

I, STEPHEN DONNELLY, Minister for Health, in exercise of the powers conferred on me by sections 5 and 31 of the Health Act 1947 (No. 28 of 1947), hereby make the following regulations:

1. These Regulations may be cited as the Infectious Diseases (Amendment) (No. 3) Regulations 2024.

2. In these Regulations, “Principal Regulations” means the Infectious Diseases Regulations 1981 ( S.I. No. 390 of 1981 ).

3. The Principal Regulations are amended by the insertion of the following Regulation after Regulation 13:

13A. (1) Where the Health Service Executive has made arrangements in accordance with Regulation 13(1)(b), which arrangements include the provision of immunisation under the National Immunisation Programme to children who are enrolled in a school, the Health Service Executive may request information from a school manager or governing body concerning the children enrolled in that school who are eligible to receive immunisation.

(2) The information requested in accordance with paragraph (1) may include:

(a) the name, address, date of birth and sex of the child;

(b) the birth surname of the mother of the child;

(c) the name, phone number and email address of the parent or guardian of the child;

(d) the personal public service number (if any) (within the meaning of section 262 of the Social Welfare Consolidation Act 2005 (No. 26 of 2005)) of the child;

(e) the name of the school in which the child is enrolled;

(f) the school roll number for the child.

(3) Where the Health Service Executive requests information in accordance with paragraph (1), a school manager or governing body shall provide such information requested in writing within 10 days of such request being made.

(4) Personal data, including special categories of personal data, provided under this Regulation may be processed by the Health Service Executive in accordance with the General Data Protection Regulation and the Data Protection Act 2018 (No. 7 of 2018) where necessary and proportionate for the performance of its functions under paragraph (1).

(5) For the purposes of this Regulation, the Health Service Executive is designated as a data controller in relation to personal data processed by it pursuant to paragraph (4).

(6) Personal data processed for the purposes referred to in paragraph (4) shall not be retained for any period beyond which it is required and shall be permanently deleted after it is no longer required.

(7) In this Regulation –

‘General Data Protection Regulation’ means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20161 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

‘personal data’ has the meaning it has in the General Data Protection Regulation;

‘processing’, in relation to personal data, has the meaning it has in the General Data Protection Regulation;

‘school’ means a recognised school within the meaning of section 2 of the Education Act 1998 (No. 51 of 1998).”.

4. Regulation 19 of the Principal Regulations is deleted.

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GIVEN under my Official Seal,

17 December, 2024.

STEPHEN DONNELLY,

Minister for Health.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This regulation will permit the sharing of class lists by schools to the HSE to enable the administration of immunisation to children in schools which will protect children against certain infectious diseases.

1 OJ No. L119, 4.5.2016, p. 1.