Data Protection Act, 1988 15 of 50 https://www.irishstatutebook.ie/eli/1988/act/25/enacted/en/print.html?printonload=true (b) If and whenever the Minister is of opinion that a prohibition, restriction or authorisation referred to in paragraph (a) of this subsection in relation to any information ought to prevail in the interests of the data subjects concerned or any other individuals and by regulations so declares, then, while the regulations are in force, the said paragraph (a) shall not apply as respects the provision or rule of law concerned and accordingly section 4 of this Act, as modified as aforesaid, shall not apply in relation to that information. Right of rectification or erasure. 6.—(1) An individual shall, if he so requests in writing a data controller who keeps personal data relating to him, be entitled to have rectified or, where appropriate, erased any such data in relation to which there has been a contravention by the data controller of section 2 (1) of this Act; and the data controller shall comply with the request as soon as may be and in any event not more than 40 days after it has been given or sent to him: Provided that the data controller shall, as respects data that are inaccurate or not kept up to date, be deemed— (a) to have complied with the request if he supplements the data with a statement (to the terms of which the individual has assented) relating to the matters dealt with by the data, and (b) if he supplements the data as aforesaid, not to be in contravention of paragraph (b) of the said section 2 (1). (2) On compliance by a data controller with a request under subsection (1) of this section, he shall, as soon as may be and in any event not more than 40 days after the request has been given or sent to him, notify— (a) the individual making the request, and (b) if such compliance materially modifies the data concerned, any person to whom the data were disclosed during the period of 12 months immediately before the giving or sending of the request, of the rectification, erasure or statement concerned. Duty of care owed by data 7.—For the purposes of the law of torts and to the extent that that law does not so provide, a person, being a data controllers and data controller or a data processor, shall, so far as regards the collection by him of personal data or information intended for processors. inclusion in such data or his dealing with such data, owe a duty of care to the data subject concerned: 21.02.23, 18:36