S.I. No. 95/1993 - Data Protection Act, 1988 (Section 5 (1) (D)) (Specification) Regulations, 1993.

I, MÁIRE GEOGHEGAN-QUINN, Minister for Justice, being of opinion that the functions described in column (1) of the Schedule to these Regulations, being functions conferred by or under the enactments specified in column (2) of that Schedule, are designed to protect members of the public against the financial loss referred to in subsection (1) (d) of section 5 of the Data Protection Act, 1988 (No. 25 of 1988), hereby, in exercise of the powers conferred on me by subsections (1) (d) and (2) of that section, and after consultation with the other Ministers of the Government who, having regard to their functions, ought, in my opinion, to be consulted, make the following Regulations:

1. These Regulations may be cited as the Data Protection Act, 1988 (Section 5 (1) (d) (Specification) Regulations, 1993.

2. These Regulations shall come into operation on the 7th day of April, 1993.

3. The functions described in column (1) of the Schedule to these Regulations are, in so far as they are conferred by or under the enactments specified in column (2) thereof and are designed to protect members of the public against the financial loss referred to in section 5 (1) (d) of the Data Protection Act, 1988 (No. 25 of 1988), hereby specified for the purposes of the said section 5 (1) (d).

4. The Data Protection Act, 1988 (Section 5 (1) (d)) (Specification) Regulations, 1989 ( S.I. No. 84 of 1989 ), are hereby revoked.

SCHEDULE

Description of function

(1)

Enactments by or under which function conferred

(2)

Functions of auditors of companies

Companies Act, 1963 to 1990.

Functions of Central Bank of Ireland

Building Societies Act, 1989 (No. 17 of 1989).

Central Bank Acts, 1942 to 1989.

Companies Act, 1990 (No. 33 of 1990).

European Communities Acts, 1972 to 1992.

Trustee Savings Banks Act, 1989 (No. 21 of 1989).

Unit Trusts Act, 1990 (No. 37 of 1990).

Functions of Director of Consumer Affairs and Fair Trade

Consumer Information Act, 1978 (No. 1 of 1978).

European Communities Acts, 1972 to 1992.

Prices Acts, 1958 to 1972.

Restrictive Practices Acts, 1972 and 1987.

Sale of Goods and Supply of Services Act, 1980 (No. 16 of 1980).

Functions of examiners

Companies (Amendment) Act, 1990 (No. 27 of 1990).

Functions of inspector appointed by a court

Companies Act, 1990 (No. 33 of 1990).

Functions of inspector appointed by or officer authorised by Minister for Industry and Commerce

Companies Act, 1990 (No. 33 of 1990).

Functions of Irish Stock

Companies Acts, 1963 to 1990.

Exchange, including officers authorised by the Exchange

European Communities Acts, 1972 to 1992.

Functions of liquidators

Companies Acts, 1963 to 1990.

Functions of Minister for Industry and Commerce

Companies Acts, 1963 to 1990.

Insurance Act, 1989 (No. 3 of 1989).

Functions of Official Assignee in Bankruptcy

Bankruptcy Act, 1988 (No. 27 of 1988).

Courts (Supplemental Provisions) Acts, 1961 to 1991.

Functions of receivers

Companies Acts, 1963 to 1990.

Functions of recognised body of accountants

Companies Acts, 1963 to 1990.

Functions of Registrar of Friendly Societies

Credit Union Act, 1966 (No. 19 of 1966).

Industrial and Provident Societies Acts, 1893 to 1978.

Friendly Societies Acts, 1896 to 1977.

GIVEN under my Official Seal, this 7th day of April, 1993.

MÁIRE GEOGHEGAN-QUINN,

Minister for Justice.

EXPLANATORY NOTE.

These Regulations update the Data Protection Act, 1988 (Section 5 (1) (d)) (Specification) Regulations, 1989 ( S.I. No. 84 of 1989 ). They restrict access to personal data kept by persons or bodies with statutory functions designed to prevent financial loss to members of the public through (a) dishonesty, incompetence or malpractice in the provision of financial services or the management of companies or (b) the conduct of persons who have been adjudicated bankrupt. The restriction applies only where access to the data would be likely to prejudice the proper performance of those functions.