Health Identifiers Act 2014

PART 6

Application of Data Protection Acts 1988 and 2003

Application of Data Protection Acts 1988 and 2003

27. (1) (a) A living individual’s individual health identifier held by a person to whom this paragraph applies shall be considered personal data for the purposes of the Data Protection Acts 1988 and 2003.

(b) Paragraph (a) applies to—

(i) the Minister,

(ii) a specified person, and

(iii) the Executive in its capacity (if any) as a delegatee under a delegation made under section 26 .

(2) For the avoidance of doubt, subsection (1) shall not be construed to prevent a living individual’s individual health identifier held by a person other than a person to whom paragraph (a) of that subsection applies from being personal data in accordance with the provisions of the Data Protection Acts 1988 and 2003.

(3) Sections 2(1) (d) (inserted by section 3 of the Data Protection (Amendment) Act 2003 ) and 2C (inserted by section 4 of the Data Protection (Amendment) Act 2003 ) of the Data Protection Act 1988 shall apply to a deceased individual’s relevant information (individual) as those sections apply to a living individual’s relevant information (individual).