Amendments to the Data Protection Act 2018
The proposed provisions bring immigration and naturalisation within the ambit of rules equivalent in all respects to those in the General Data Protection Regulation (GDPR), e.g. international protection.
The proposed provisions seek to facilitate the immediate exchange of data with the UK in the case of a departure of the UK from the EU without a withdrawal agreement.
Exchange of Immigration Data with the UK
Providing for the exchange of immigration data with the UK. The provisions equivalent to Articles 44 to 50 of the GDPR shall not apply to personal data, including special category personal data, processed in connection with the immigration system or the system for the acquisition by persons of Irish citizenship.
Alternative 1 – Common Travel Area version
The Minister may provide personal data, including special category personal data and personal data relating to criminal convictions and offences, to the relevant authorities of a territory of the Common Travel Area where the Minister is of the opinion that this will assist the effective operation of the immigration system and the system of acquisition by persons of Irish citizenship, including the prevention, detention and investigation of abuses to those systems or breaches of the law in relation to those systems.
The Minister may receive and process personal data, including special category personal data and personal data relating to criminal convictions and offences, from the relevant authorities of a territory of the Common Travel Area for the purposes of ensuring the effective operation of the immigration system and the system of acquisition by persons of Irish citizenship, including
the prevention, detention and investigation of abuses to those systems or breaches of the law in relation to those systems.
Alternative 2 – GDPR-equivalent version
requiring other countries to have the same degree of protection etc. as Ireland
The Minister may provide personal data, including special category personal data and personal data relating to criminal convictions and offences to, and receive personal data including special category personal data and personal data relating to criminal convictions and offences from, the relevant authorities in a designated country where the Minister is of the opinion that this will assist the effective operation of the immigration system and the system of acquisition by persons of Irish citizenship, including the prevention, detention and investigation of abuses to those systems or breaches of the law in relation to those systems.
The Minister may designate as a country to which [categories of] personal, including special category personal data and personal data relating to criminal convictions and offences data, may be provided and from which personal data may be received for the above purposes of a country which, following an analysis of the legal [system] [provisions] applicable to the protection of personal data and the rights of data subjects, the Minister determines provides an equivalent degree of protection and confers equivalent rights to data subjects of such personal data to the categories of personal data to which this section applies as is provided in the State, and whose laws do not permit the transmission of personal data revived from the State to another country [in the absence of the agreement of the State] [unless that country provides an equivalent degree of protection and confers equivalent rights to data subjects of the personal data to which this section applies].
The Minister shall monitor changes in the law in any country designated and shall, where a relevant change is made in the law in the designated country, review the effect of the change.
If the change in the law of a designated country has the effect of lessening the protection of personal data or the rights of data subjects so that the legal [system] [provisions] applicable to the protection of personal data or the rights of data subjects is not equivalent to that provided in relation to the categories of personal data to which this section applies as is provided in the State, or would allow the transmission of personal data to which this section applies to another country [in the absence of the agreement of the State] unless that other country provides an equivalent degree of protection and confers equivalent rights to data subject of the personal data to which this section applies, the Minister shall withdraw the designation of the country under this section.
Explanatory Note:
This provides for the exchange of immigration data with the UK. Alternatives to this approach as set out above, reference the Common Travel Area or requiring another country to have same degree of protection etc. as Ireland
Provide for the commencement of the Part on the lines of the following –
This Part shall come into operation on such day or days as the Minister for Justice and Equality may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.
