I, GERARD COLLINS, Minister for Justice, being of opinion that the functions described in column 1 of the Schedule to these Regulations, being functions conferred by or under the enactments specified in column 2 of that Schedule, are designed to protect members of the public against the financial loss referred to in subsection (1) (d) of section 5 of the Data Protection Act, 1988 (No. 25 of 1988), hereby, in exercise of the powers conferred on me by subsections (1) (d) and (2) of that section, 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 (Section 5 (1) (d) (Specification) Regulations, 1989.
2-
These Regulations shall come into operation on the 19th day of April, 1989.
3-
(1)
The functions described in column 1 of the Schedule to these Regulations, being functions conferred by or under the enactments specified in column 2 thereof, are, in so far as they are designed to protect members of the public against the financial loss referred to in section 5 (1) (d) of the Data Protection Act, 1988 (No. 25 of 1988), hereby specified for the purposes of the said section 5 (1) (d).
(2)
In paragraph (1) of this Regulation "enactments" includes rules and regulations and the reference to the enactments specified in the Schedule to these Regulations is a reference to those enactments as amended or extended by any enactment passed or made after the making of these Regulations.
These regulations restrict access to personal data kept by Ministers or statutory bodies with regulatory functions designed to prevent financial loss to members of the public through (a) dishonesty, incompetence or malpractice on the provision of financial services or the management of companies or (b) the conduct of persons who have been adjudicated bankrupt. The restriction applies only where access to the data would be likely to prejudice the proper performance of those functions.
