Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024
|
Data protection | ||
|
110. (1) Subject to this section and such regulations (if any) as may be made under subsection (8), personal data may be processed by a person in accordance with the Data Protection Regulation and the Act of 2018 for the purposes for the performance of functions under Parts 2 , 3 , 4 and 5. | ||
(2) For the purposes of Part 2 , the Executive is designated as a data controller in relation to personal data processed pursuant to subsection (1). | ||
(3) For the purposes of Part 3 , the Executive is designated as a data controller in relation to personal data processed pursuant to subsection (1). | ||
(4) For the purposes of Part 4 , a licensed institution is designated as a data controller in relation to personal data processed pursuant to subsection (1). | ||
(5) For the purposes of Part 5 , a Part 5 licence holder is designated as a data controller in relation to personal data processed pursuant to subsection (1). | ||
(6) Subject to subsection (7), personal data processed for the purposes referred to in subsection (1) shall not be retained for any period beyond which it is required and shall be permanently deleted after it is no longer required. | ||
(7) Notwithstanding subsection (6), where personal data processed in accordance with this section is required for the purposes of the prevention, investigation, detection or prosecution of a criminal offence, the data— | ||
(a) may be processed for as long as it is required for such prevention, investigation, detection or prosecution, and | ||
(b) shall be permanently deleted after it is no longer required for such prevention, investigation, detection or prosecution. | ||
(8) The Minister may for the purposes of this Act, prescribe by regulations— | ||
(a) the personal data that may be processed, | ||
(b) the circumstances in which the personal data may be processed, including specifying the persons to whom the data may be disclosed, and | ||
(c) such other conditions (if any) as the Minister considers appropriate to impose on such processing. | ||
(9) In this section— | ||
“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 20161 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); | ||
“licensed institution” has the same meaning as it has in section 61 ; | ||
“ Part 5 licence holder” has the same meaning as it has in section 84 ; | ||
“personal data” has the meaning it has in the General Data Protection Regulation; | ||
“processing”, in relation to personal data, has the meaning it has in the General Data Protection Regulation. | ||