Data Protection Act, 1988

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The register.

16.—(1) This section applies to the following persons, that is to say:

(a) data controllers, being public authorities and other bodies and persons referred to in the Third Schedule to this Act,

(b) data controllers, being financial institutions, persons holding authorisations under the European Communities (Non-Life) Insurance Regulations, 1976 (S.I. No. 115 of 1976), or the European Communities (Life Assurance) Regulations, 1984 (S.I. No. 57 of 1984), or persons whose business consists wholly or mainly in direct marketing, providing credit references or collecting debts,

(c) any other data controllers who keep personal data relating to—

(i) racial origin,

(ii) political opinions or religious or other beliefs,

(iii) physical or mental health (other than any such data reasonably kept by them in relation to the physical or mental health of their employees in the ordinary course of personnel administration and not used or disclosed for any other purpose),

(iv) sexual life, or

(v) criminal convictions,

(d) data processors whose business consists wholly or partly in processing personal data on behalf of data controllers, and

(e) such categories of data controllers and data processors as may stand prescribed for the time being (which categories may include data controllers and data processors to whom this section would not otherwise apply and on whom enforcement notices, prohibition notices or information notices have been served if the notices are in force and either the time for bringing an appeal against them under section 26 of this Act has expired without such an appeal having been brought or any such appeal has been withdrawn).

(2) The Commissioner shall establish and maintain a register (referred to in this Act as the register) of persons to whom this section applies and shall make, as appropriate, an entry or entries in the register in respect of each person whose application for registration therein is accepted by the Commissioner.

(3) (a) Members of the public may inspect the register free of charge at all reasonable times and may take copies of, or of extracts from, entries in the register.

(b) A member of the public may, on payment to the Commissioner of such fee (if any) as may be prescribed, obtain from the Commissioner a copy (certified by him or by a member of his staff to be a true copy) of, or of an extract from, any entry in the register.

(c) In any proceedings—

(i) a copy of, or of an extract from, an entry in the register certified by the Commissioner or by a member of his staff to be a true copy shall be evidence of the entry or extract, and

(ii) a document purporting to be such a copy, and to be certified, as aforesaid shall be deemed to be such a copy and to be so certified unless the contrary is proved.

(d) In any proceedings—

(i) a certificate signed by the Commissioner or by a member of his staff and stating that there is not an entry in the register in respect of a specified person as a data controller or as a data processor shall be evidence of that fact, and

(ii) a document purporting to be such a certificate, and to be signed, as aforesaid shall be deemed to be such a certificate and to be so signed unless the contrary is proved.