Civil Law (Miscellaneous Provisions) Act 2022

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PART 5

Processing of certain personal data

Interpretation (Part 5)

41. In this Part—

“Act of 2004” means the Immigration Act 2004 ;

“Act of 2005” means the Social Welfare Consolidation Act 2005 ;

“Act of 2015” means the International Protection Act 2015 ;

“Act of 2018” means the Data Protection Act 2018 ;

“Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016² 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);

“enactment” has the same meaning as it has in the Interpretation Act 2005 ;

“immigration enactment” means an enactment, in respect of which the Minister for Justice has responsibility, insofar as the enactment makes provision for—

(a) the entry of persons into the State, the period during which such persons may remain in the State and the conditions and obligations applicable to such persons while they are in the State,

(b) the entry into, and presence in, the State of persons who require international protection, or

(c) the acquisition of Irish citizenship;

“international protection” has the same meaning as it has in the Act of 2015;

“personal data” has the same meaning as it has in the Data Protection Regulation;

“processing” has the same meaning as it has in the Data Protection Regulation;

“relevant immigration enactment” means—

(a) section 60 of the Act of 2015,

(b) section 9 of the Act of 2004, and

(c) an immigration enactment prescribed by regulations under section 44 ;

“relevant officer” means—

(a) an officer of the Minister for Justice,

(b) a registration officer within the meaning of the Act of 2004,

(c) an immigration officer within the meaning of the Act of 2004,

(d) an international protection officer within the meaning of the Act of 2015, or

(e) an officer of the Minister for Social Protection;

“relevant person” has the meaning assigned to it by section 42 (1);

“relevant social welfare enactment” means—

(a) section 262 of the Act of 2005, and

(b) the Act of 2005 insofar as it relates to a claim for, and entitlement to, a benefit within the meaning of section 240 of that Act;

“suitable and specific measures” means measures to safeguard the fundamental rights and freedoms of data subjects in processing personal data of those subjects and may include measures referred to in section 36(1) of the Act of 2018.

² OJ No. L 119, 4.5.2016, p.1.