[No. 6.]
S.8
Data Protection (Amendment) Act
2003.
[2003.]
(ii) is authorised or required by any
enactment and the data subject
has been informed of the proposal to make the decision, and
(iii) either—
(I) the effect of the decision is to
grant a request of the data
subject, or
(II) adequate steps have been
taken to safeguard the legitimate interests of the data
subject by, for example (but
without prejudice to the generality of the foregoing), the
making of arrangements to
enable him or her to make
representations to the data
controller in relation to the
proposal,
or
(b) if the data subject consents to the processing referred to in subsection (1).’’.
9.—Section 8 of the Principal Act is amended by—
Amendment of
section 8 (disclosure
of personal data in
certain cases) of
Principal Act.
(a) the substitution of ‘‘processing’’ for ‘‘disclosure’’ in each
place where it occurs, and
(b) the deletion of paragraph (g).
Additional
functions of
Commissioner.
10.—Section 9 of the Principal Act is amended by the insertion of
the following subsections after subsection (1):
‘‘(1A) (a) The lawfulness of the processing of personal data
(including their transmission to the Central Unit
of Eurodac established pursuant to the Council
Regulation) in accordance with the Council Regulation shall be monitored by the Commissioner.
(b) In paragraph (a) of this subsection, ‘the Council
Regulation’ means Council Regulation (EC) No.
2725/2000 of 11 December 2000(2) concerning the
establishment of Eurodac for the comparison of
fingerprints for the effective application of the
Dublin Convention.
(1B) The Commissioner shall arrange for the dissemination
in such form and manner as he or she considers appropriate of—
(a) any Community finding (within the meaning of subsection (2)(b) (inserted by the Act of 2003) of section
11 of this Act),
(b) any decision of the European Commission or the European Council under the procedure provided for in
Article 31(2) of the Directive that is made for the
(2)
O.J. No. L 316, 15.12.00, p. 0001-0010.
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