[2003.]
Data Protection (Amendment) Act
2003.
[No. 6.]
purposes of paragraph 3 or 4 of Article 26 of the S.10
Directive, and
(c) such other information as may appear to him or her to
be expedient to give to data controllers in relation
to the protection of the rights and freedoms of data
subjects in respect of the processing of personal data
in countries and territories outside the European
Economic Area.
(1C) The Commissioner shall be the supervisory authority in
the State for the purposes of the Directive.
(1D) The Commissioner shall also perform any functions in
relation to data protection that the Minister may confer on him
or her by regulations for the purpose of enabling the Government to give effect to any international obligations of the
State.’’.
11.—Section 10 of the Principal Act is amended—
(a) in subsection (1)—
(i) in paragraph (a), by the deletion of ‘‘by a data controller or a data processor’’, and
(ii) in paragraph (b), by the substitution of the following
subparagraph for subparagraph (ii):
‘‘(ii) if he or she is unable to arrange, within a
reasonable time, for the amicable resolution
by the parties concerned of the matter the
subject of the complaint, notify in writing the
individual who made the complaint of his or
her decision in relation to it and that the individual may, if aggrieved by the decision,
appeal against it to the Court under section
26 of this Act within 21 days from the receipt
by him or her of the notification.’’,
(b) by the insertion of the following subsection after subsection
(1):
‘‘(1A) The Commissioner may carry out or cause to
be carried out such investigations as he or she considers
appropriate in order to ensure compliance with the provisions of this Act and to identify any contravention
thereof.’’,
(c) in subsection (2), by the deletion of ‘‘, being a data controller or a data processor,’’,
(d) in subsection (3), by the substitution of the following paragraph for paragraph (a):
‘‘(a) to block, rectify, erase or destroy any of the data
concerned, or’’,
and
(e) in subsection (7), by the substitution of the following for so
much of the subsection as follows paragraph (a):
25
Amendment of
section 10
(enforcement of
data protection) of
Principal Act.