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the making
this Statutory Instrument was published in “Iris Oifigiúil”
7th June, 2024. I, EAMON RYAN, Minister for the Environment, Climate and Communications, in exercise
the powers conferred on me by section 3
the European Communities Act 1972 (No. 27
1972) and for the purpose
giving effect to Regulation (EU) 2022/868
the European Parliament and
the Council
30 May 20221 , hereby make the following regulations: Citation
fice
Information Commissioner under the Freedom
Information Act 2014 (No. 30
2014), “body governed by public law” means a body, having a legal personality, established for the specific purpose
meeting needs in the general interest, not having an industrial or commercial character, that – (a) is financed, for the most part, by one or more
the following: (
the bodies referred to in paragraph (a), or (c) has an administrative, managerial or supervisory board, more than half
whose members are appointed by one or more
the bodies referred to in subparagraph (a), “categories
protected data” means data held by a public sector body which is protected on the grounds
: (
intellectual property rights
third parties, or (d) the protection
personal data, insofar as such data fall outside the scope
Directive (EU) 2019/1024, “competent body” means the body referred to in Regulation 6, “enactment” has the same meaning as it has in the Interpretation Act 2005 (No. 23
2005), “exclusive arrangement” means an agreement or other practice pertaining to the re-use
categories
protected data which grants exclusive rights or which has as its objective or effect to grant such exclusive rights or to restrict the availability
data for re-use by entities other than the parties to such agreement or practice, “EU Regulation” means Regulation (EU) 2022/868
the European Parliament and
the Council
30 May 20221 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act), “local authority” means a local authority for the purposes
the Local Government Act 2001 (No. 37
2011), “Minister” means the Minister for the Environment, Climate and Communications, “public sector body” means – (
the Local Government Act 1991 (No. 11
1991), “re-use” means the use by natural or legal persons
data held by public sector bodies, for commercial or non-commercial purposes other than the initial purpose within the public task for which the data were produced, except for the exchange
data between public sector bodies purely in pursuit
their public tasks, and “single information point” has the meaning it has in Regulation 7.
protected data held by public sector bodies.
the EU Regulation and are without prejudice to – (a) European Union, national law and international agreements on categories
protected data to which the European Union or Member States are party, (
the EU Regulation, and (d) the EU instruments listed in Article 1
the EU Regulation. Exclusive arrangements 4.
categories
protected data are prohibited.
categories
protected data may be permitted where it is in accordance with paragraphs
the EU Regulation.
categories
protected data shared for re-use under exclusive agreements.
these Regulations, there is in place an exclusive arrangement concluded prior to 23 June 2022 that does not meet the conditions laid down in paragraphs
the EU Regulation, such arrangement shall be terminated at the end
the applicable contract and in any event by 24 December 2024. Re-use
categories
protected data 5.
protected data and decides to make the data available for re-use shall set conditions for the grant or refusal
access for the re-use
the data in accordance with Article 5
the EU Regulation.
categories
protected data may be set out in an agreement between the public sector body and the data re-user.
the EU Regulation, a public sector body to which paragraph
fence for a person to whom the right to re-use non-personal data was granted to transfer, facilitate the transfer or permit the transfer
data to a third country other than in accordance with this Regulation and with Articles 5
the EU Regulation.
fence under paragraph
the EU Directive. Competent Body 6.
fice is designated as the competent body for the purposes
the EU Regulation.
fice shall, in accordance with Article 7
the EU Regulation, assist public sector bodies which decide to make categories
protected data available for reuse.
fice may engage public sector bodies through an agreement setting out the basis for its engagement under this Regulation and may include the following conditions: (
protected data; (
fice acts as a data processor under instructions
the data controller; (e) timeliness for access and reuse
data, including access to secure processing environments. Single Information Point 7.
the EU Regulation.
categories
protected data and a process to apply to reuse the data listed.
the Minister, be replaced by another means, which shall be easily identifiable from a website
the Government.
protected data it proposes to make available or which it has already made available for re-use and this information shall include – (a) a description
the data, (b) terms and conditions for re-use, including compliance with the conditions for re-use in Article 5
the EU Regulation, (
categories
protected data, (b) to permit access for re-use
the protected data but subject to a fee which the person to whom access is being granted considers is not in accordance with Article 6
the EU Regulation, or (c) to permit access for re-use
the protected data but subject to a condition which the person to whom access is being granted considers is not in accordance with Article 5
the EU Regulation, then the person may request a review
the decision from the Reviews Commissioner.
categories
protected data within two months
the date
receipt
the request, such failure shall be deemed a refusal.
the decision by the public sector body to the person concerned or the expiry
the period referred to in paragraph
the opinion that there are reasonable grounds for extending that period, not later than the expiration
an additional period
such length as he or she may determine. Delegation
functions by Reviews Commissioner 9.
a request for a review under Regulation 8 to a member
his or her staff.
a delegation made under paragraph
the staff
the Reviews Commissioner and consequentially those functions are exercisable by the Reviews Commissioner or by such other person as the Reviews Commissioner may delegate those functions to under paragraph
staff includes, where appropriate, an employee,
ficer or servant. Reviews Commissioner decision 10.
the Reviews Commissioner and if the person who made the request for review under paragraph
the public sector body, redress lies by way
appeal to the High Court under Regulation 13.
the Reviews Commissioner is given to the person, withdraw the request. (b) The Reviews Commissioner shall cause a copy
any notice given to him or her under this paragraph to be given to the public sector body concerned and to any other person to whom, in the opinion
the Reviews Commissioner, it should be given.
a request for review under Regulation 8, the Reviews Commissioner shall cause a copy
the request for review to be given to the public sector body concerned.
the matter concerned and may for that purpose, notwithstanding paragraph
the review.
the opinion that – (
another review under this Regulation. (b) In determining whether to refuse to carry out or discontinue a review under this Regulation, the Reviews Commissioner shall, subject to these Regulations, act in accordance with his or her own discretion.
a decision under paragraph
a refusal or discontinuation under paragraph
the Reviews Commissioner, such notice should be given.
the public sector body.
Reviews Commissioner 12.
a review under Regulation 10 – (a) require any person who, in the opinion
the Reviews Commissioner, is in possession
information, or has a record in his or her power or control that, in the opinion
the Reviews Commissioner, is relevant to the said purposes, to furnish to the Reviews Commissioner any such information or record that is in his or her possession or, as the case may be, power or control and, where appropriate, require the person to attend before him or her for that purpose, and b) examine and take copies in any form
, or
extracts from, any record that, in the opinion
the Reviews Commissioner, is relevant to the review and for those purposes take possession
any such record, remove it from the premises and retain it in his or her possession for a reasonable period.
such a review enter any premises occupied by a public sector body and there – (
that person as the Reviews Commissioner may reasonably require for that purpose, and (ii) to make available to the Reviews Commissioner any record in that person’s power or control that, in the opinion
the Reviews Commissioner, is relevant to that purpose, and (b) examine and take copies
, or
extracts from, any record so made available or found on the premises.
law prohibiting or restricting the disclosure or communication
information shall preclude a person from furnishing to the Reviews Commissioner any information or record to which paragraph
a review under Regulation 10, attends before the Reviews Commissioner or furnishes information or a record to him or her – (a) sums in respect
travelling and subsistence expenses properly incurred by the person, and (b) allowances by way
compensation for loss
his or her time,
such amount as may be determined by the Minister for Public Expenditure, NDP Delivery and Reform.
the case and, without prejudice to the foregoing, shall be as informal as is consistent with the due performance
the functions
the Reviews Commissioner. Appeal to High Court 13.
the Reviews Commissioner affirming the decision, or a decision
the public sector body concerned following remittance to it by the Reviews Commissioner, appeal to the High Court on a point
law.
a public sector body to permit access for the re-use
categories
public sector data and who is not a person to whom Regulation 8
the public sector body to the High Court.
a person to whom Regulation 8
the decision was given, and (b) in the case
a person to whom paragraph
the decision.
data is preserved in accordance with Article 5
the EU Regulation.
any proceedings before a Court otherwise than in public, (b) prohibiting the publication
such information in relation to any such proceedings as it may determine, including information in relation to the parties to the proceedings and the contents
orders made by the Court concerned in the proceedings, and (c) examining a document or a copy
a document without giving access or information in relation to it to a party (other than the public sector body concerned) to the proceedings. GIVEN under my
ficial Seal, 5 June, 2024. EAMON RYAN, Minister for the Environment, Climate and Communications. EXPLANATORY NOTE (This note is not part
the Instrument and does not purport to be a legal interpretation) These Regulations give effect to provisions in Regulation (EU) 2022/868
the European Parliament and
the Council
30 May 2022 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act). In particular, they seek to establish a framework for the sharing
‘categories
protected data’ held by public sector bodies as set out in Chapter 2
the EU Regulation. 1 OJ L 152, 3.6.2022, p.
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