|
|
|
Amendment of section 28 of Act of 2011
|
| |
135. Section 28 of the Act of 2011 is amended—
|
|
| |
(a) in subsection (1), by the substitution of “the first named person is satisfied that the data or information will be used only for a relevant purpose as respects a grant” for “the first named person is satisfied that it will be used for a relevant purpose only”,
|
|
| |
(b) in subsection (2), by the substitution of “a person so listed or prescribed will further the attainment of a relevant purpose as respects a grant” for “a person so listed or prescribed will further the attainment of a relevant purpose”,
|
|
| |
(c) by the insertion of the following subsection after subsection (2):
|
|
| |
“(2A) Notwithstanding anything contained in any enactment (other than the Act of 2018), the controller of a person listed in Schedule 3, or of a person prescribed for the time being under subsection (2B) (in this subsection called ‘the first named person’), shall on being requested to do so by the controller of a person so listed or prescribed, process personal data kept by the first named person, or information extracted from such data, for the controller of the other person so listed or prescribed for the time being, if the controller of the first named person is satisfied that the data or information will be used only for a relevant purpose as respects a bursary or scholarship.
|
|
| |
(2B) If a person (not being a person listed in Schedule 3 or prescribed for the time being under this subsection) keeps personal data that are relevant to the functions of an awarding authority under section 12(1A), and the Minister considers that the supply of those data by the person not so listed or prescribed to a person so listed or prescribed will further the attainment of a relevant purpose as respects a bursary or scholarship, then, the Minister following consultation with the Data Protection Commission, may prescribe that person for the purposes of subsection (2A).”,
|
|
| |
(d) in subsection (3), by the substitution of “for the purposes of subsection (1) or (2A) shall go no further than is necessary” for “for the purposes of subsection (1) shall go no further than is reasonably necessary”,
|
|
| |
(e) in subsection (4), by the insertion of “or (2A)” after “a request under subsection (1)”, and
|
|
| |
(f) in the definition of “relevant purpose” in subsection (5)—
|
|
| |
(i) in paragraph (a), by the insertion of “, bursary or scholarship, as the case may be” after “is eligible for a grant”, and
|
|
| |
(ii) in paragraph (d), by the insertion of “, bursaries and scholarships” after “the payment of grants”.
|
