Comments on: Total recall? http://aclatterofthelaw.com/2010/02/05/total-recall/ Law | Levities | Limerick Wed, 28 Jul 2010 10:07:53 +0000 hourly 1 http://wordpress.com/ By: Rossa McMahon http://aclatterofthelaw.com/2010/02/05/total-recall/#comment-88 Rossa McMahon Sat, 06 Feb 2010 16:04:37 +0000 http://aclatterofthelaw.com/?p=264#comment-88 I expect, in the absence of any other enabling provision, reliance would be made on "persons for the purposes of road or personal safety initiatives". In light of the Commissioner's comments in 3/99, however, that category of persons is likely to be even more objectionable from a data protection perspective (likewise "such other persons"). I expect, in the absence of any other enabling provision, reliance would be made on “persons for the purposes of road or personal safety initiatives”. In light of the Commissioner’s comments in 3/99, however, that category of persons is likely to be even more objectionable from a data protection perspective (likewise “such other persons”).

]]> By: TJ http://aclatterofthelaw.com/2010/02/05/total-recall/#comment-87 TJ Sat, 06 Feb 2010 13:05:28 +0000 http://aclatterofthelaw.com/?p=264#comment-87 The 2005 Regulations do include disclosure to "persons for the purposes of road or personal safety initiatives" - is this wide enough to cover safety recalls? Incidentally, the Regulations go on to say that disclosure may be made to "such other persons as may be approved from time to time". However, this catch all provision seems to me to be so vague as to be invalid. S.60 of the 1993 Act permits disclosure to persons who are prescribed - and s.57 makes it clear that "prescribed" means "prescribed by the Minister by regulations". The Act does not envisage that the Minister might give himself a general discretion to "approve" any other persons without doing so by regulations, thus avoiding scrutiny by the Dáil. (See s.58) The 2005 Regulations do include disclosure to “persons for the purposes of road or personal safety initiatives” – is this wide enough to cover safety recalls?

Incidentally, the Regulations go on to say that disclosure may be made to “such other persons as may be approved from time to time”. However, this catch all provision seems to me to be so vague as to be invalid. S.60 of the 1993 Act permits disclosure to persons who are prescribed – and s.57 makes it clear that “prescribed” means “prescribed by the Minister by regulations”. The Act does not envisage that the Minister might give himself a general discretion to “approve” any other persons without doing so by regulations, thus avoiding scrutiny by the Dáil. (See s.58)

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