S.I. No. 81/1989:

DATA PROTECTION ACT, 1988 (RESTRICTION OF SECTION 4) REGULATIONS, 1989.

DATA PROTECTION ACT, 1988 (RESTRICTION OF SECTION 4) REGULATIONS, 1989.

I, GERARD COLLINS, Minister for Justice, being of opinion that the prohibitions and restrictions on the disclosure, and the authorisations of the withholding, of information contained in the provisions of the enactments specified in the Schedule to these Regulations ought to prevail in the interests of the data subjects concerned and any other individuals concerned, hereby, in exercise of the powers conferred on me by subsections (2) and (3) (b) of section 5 of the Data Protection Act, 1988 (No. 25 of 1988), and after consultation with the other Ministers of the Government, make the following Regulations:

1. These Regulations may be cited as the Data Protection Act, 1988 (Restriction of Section 4) Regulations, 1989.

2. These Regulations shall come into operation on the 19th day of April, 1989.

3. The prohibition and restrictions on the disclosure, and the authorisations of the withholding, of information contained in the provision of the enactments specified in the Schedule to these Regulations shall prevail in the interests of the data subjects concerned and any other individuals concerned.

SCHEDULE

Section 22 (5) of the Adoption Act, 1952 (No. 25 of 1952).

Section 9 of the Ombudsman Act, 1980 (No. 26 of 1980).

GIVEN under my Official Seal, this 19th day of April, 1989.

GERARD COLLINS,

Minister for Justice.

EXPLANATORY NOTE

These regulations provide that certain existing enactments that prohibit or restrict the disclosure of information, or authorise it to be withheld, will continue to prevail notwithstanding the right of access to personal data conferred by section 4 of the Data Protection Act 1988 . The enactments relates to (1) the index kept by the Register of Births tracing the connection between entries in the Adopted Children Register and the register of births and (2) to information obtained by the Ombudsman during an investigation under the Ombudsman Act 1980 .