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Chapter 11
Keeping of records, etc.
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Keeping of records and samples, etc., by holder of MAC
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104.(1) (a) There may be prescribed a requirement, or the provisions of a MAC may contain a requirement, or both, that the holder of a MAC in respect of the part of the maritime area the subject of the MAC (in this section referred to as the “relevant part”), keep records or samples, or both, relating to the relevant part for any scientific purpose.
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(b) For the purpose of prescribing a requirement referred to in paragraph (a), the Minister shall, in addition to having regard to the other provisions of this Act, also have regard to the principle that scientific information concerning the maritime area ought to be preserved not just for the benefit of the undertaking of the particular maritime usage concerned for the purposes of which such information was acquired but also for the benefit of other and future undertakings of maritime usages.
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(2) (a) The MARA may, by notice in writing given to the holder of a MAC, direct the holder to provide the MARA with copies of any specified data—
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(i) within the period specified in the notice (being a period reasonable in all the circumstances of the case), or
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(ii) if no such period is specified in the notice, within four weeks from the date on which the holder receives the notice.
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(b) The holder of a MAC the subject of a direction under paragraph (a) shall comply with the direction.
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(c) The costs entailed in complying with a direction under paragraph (a) shall be borne by the holder of the MAC the subject of the direction.
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(3) (a) Where the MARA is given specified data by the holder of a MAC pursuant to the holder’s compliance with a direction under subsection (2)(a), it shall not disclose the data, or cause the data to be disclosed, to a third party except—
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(i) pursuant to subsection (4), or
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(ii) subject to paragraph (b), with the consent in writing of the holder to do so.
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(b) The holder of a MAC shall not unreasonably withhold the giving of the consent referred to in paragraph (a)(ii).
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(4) Specified data may be disclosed where the disclosure—
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(a) is in compliance with this Part or is otherwise permitted by law or any other enactment,
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(b) is to a public body and for a purpose relevant to a function of that body, or
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(c) in the opinion of the person making, or seeking to make, the disclosure, may disclose, to a member of the Garda Síochána or an officer of the Revenue Commissioners, the commission of an indictable offence.
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(5) (a) A person who is given specified data pursuant to a disclosure under subsection (4) shall not disclose the data, or cause the data to be disclosed, to another person except—
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(i) to the person who made the first-mentioned disclosure,
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(ii) to the holder of the MAC to whom the data relate,
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(iii) pursuant to subsection (4), or
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(iv) subject to paragraph (b), with the consent in writing of that holder to do so.
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(b) The holder of a MAC shall not unreasonably withhold the giving of a consent referred to in paragraph (a)(iv).
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(6) (a) Subject to paragraph (b), the MARA may use specified data for the purpose of preparing and publishing such returns or reports, or both, as may be required of the MARA by law.
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(b) The MARA shall ensure that the publication under paragraph (a) of specified data is done in such a manner that commercially sensitive information is not disclosed.
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(c) The MARA may, by notice in writing given to the holder of a MAC, direct the holder to publish specified data in such media, and within such period, as are specified in the notice.
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(d) The holder of a MAC given a notice under paragraph (c) shall comply with the notice.
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(7) Subject to subsection (8), the Minister may, after consultation with the Data Protection Commission, by regulations specify the personal data that are permitted to be included in specified data.
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(8) Where the Minister makes regulations under subsection (7), he or she shall, in addition to having regard to the other provisions of this Act, also have regard to the principle that personal data only need to be included in specified data to the extent reasonably necessary to enable the MARA or the Minister, as appropriate, to perform their respective functions under this Act in relation to MACs.
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(9) In this section—
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“commercially sensitive information” means—
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(a) financial, commercial, scientific, technical or other information the disclosure of which could reasonably be expected to result in a material financial loss or gain to the person to whom it relates, or could prejudice the competitive position of that person in the conduct of his or her business or otherwise in his or her occupation, or
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(b) information the disclosure of which could prejudice the conduct or outcome of contractual or other negotiations of the person to whom it relates;
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“permitted personal data” means personal data permitted, by virtue of regulations made under subsection (7), to be included in specified data;
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“specified data”, in relation to the holder of a MAC, means any books, records or other documents, returns, plans, maps, geological, hydrological and ecological samples, accounts, and information (including any copies thereof or parts thereof) which are required by this Part, regulations made under this Part, or the provisions of the MAC, to be kept but does not include any personal data other than permitted personal data.
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