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S.I. No. 351/2026 - Data Protection Act 2018 (Section 38(4)(b)) (Commission of Investigation into the Handling of Historical Child Sexual Abuse in Day

S.I. No. 351/2026 - Data Protection Act 2018 (Section 38

(4)(b)) (Commission of Investigation into the Handling of Historical Child Sexual Abuse in Day and Boarding Schools) Regulations 2026 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.
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(4)(b)) (Commission of Investigation into the Handling of Historical Child Sexual Abuse in Day and Boarding Schools) Regulations 2026 S.I. No. 351/2026 - Data Protection Act 2018 (Section 38
(4)(b)) (Commission of Investigation into the Handling of Historical Child Sexual Abuse in Day and Boarding Schools) Regulations 2026 AmendmentsLeasuithe Download PDF Íoslódáil PDF Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 24th July, 2026. I, HILDEGARDE NAUGHTON, Minister for Education and Youth, in exercise of the powers conferred on me by subsection
(4)(b) of section 38 of the Data Protection Act 2018 (No. 7 of 2018) and having duly complied with subsections
(4)and
(5)of that section, hereby make the following regulations: Citation 1. These Regulations may be cited as the Data Protection Act 2018 (Section 38
(4)(b)) (Commission of Investigation into the Handling of Historical Child Sexual Abuse in Day and Boarding Schools) Regulations
  1. Definitions
  2. In these Regulations— “Act of 2004” means the Commissions of Investigation Act 2004 (No. 23 of 2004); “Commission” means the commission of investigation established under the Commissions of Investigation Act 2004 (No. 23 of 2004) by the Establishment Order; “Commissioner” means a person appointed to the Commission in accordance with section 7
(2)of the Act of 2004; “Establishment Order” means the Commission of Investigation (Handling of Historical Child Sexual Abuse in Day and Boarding Schools) Order 2025 ( S.I. No. 388 of 2025 ); “relevant person” means— (
  1. a)a Commissioner, or (
  2. b)any other person acting for, appointed by or working under the direction of a Commissioner in connection with the performance of the functions of the Commission under the Act of 2004; “relevant task”, in relation to the Commission, means a task carried out by a relevant person in connection with the terms of reference; “terms of reference” means the terms of reference of the Commission. Nomination of Controller 3. The Commission shall be the controller, for the purposes of the Data Protection Regulation, in respect of personal data provided to the Commission in connection with the matters referred to in the terms of reference. Application of Regulations 4. These Regulations apply to personal data processed by a relevant person— (
  3. a)in respect of which the Commission is the controller, and (
  4. b)where that data is processed for the purposes of a relevant task. Processing – public interest 5. The processing by a relevant person of personal data to which these Regulations apply, and which is necessary and proportionate for the performance of a relevant task carried out in the public interest by a relevant person, is hereby specified. Circumstances in which personal data may be processed 6. Without prejudice to the generality of Regulation 5, the circumstances in which personal data to which these Regulations apply may be processed shall include the performance by a relevant person of such relevant tasks as the Commission considers necessary and proportionate to enable the Commission to perform its functions under the Act of 2004. Persons to whom personal data may be disclosed 7. Personal data to which these Regulations apply may be disclosed to a relevant person in accordance with such policies and procedures as may be provided for under Regulation 8. Conditions of processing 8.
(1)The Commission shall prepare and implement policies and procedures to provide for the processing of personal data under these Regulations.
(2)Without prejudice to the generality of paragraph
(1), the policies and procedures referred to in that paragraph shall provide for the following: (
  1. a)the use of secure storage, passwords, encryption, logging mechanisms and other methods to ensure personal data can only be accessed by the Commission or by a relevant person authorised by the Commission to access that data; (
  2. b)the use of controls to ensure that personal data are only disclosed to— (
  3. i)a relevant person authorised by the Commission, or (
  4. ii)a person entitled or permitted by law to receive that personal data; (
  5. c)processes to ensure the accuracy of personal data, that it is kept up to date, and that an accurate record of the data provided to the Commission is kept; (
  6. d)the determination of appropriate storage periods for personal data or classes of personal data, taking into account the nature, scope and purpose of the processing of the data or class of data, as the case may be; (
  7. e)the treatment, including erasure where relevant, of personal data or classes of personal data at the expiry of the storage periods referred to in subparagraph (d); (
  8. f)the use of data minimisation, including the use of anonymisation and pseudonymisation where appropriate; (
  9. g)the designation by the Commission of a data protection officer in respect of the Commission; (
  10. h)processes to ensure that relevant persons have undertaken to maintain the integrity and confidentiality of personal data or are under an appropriate statutory obligation to do so; (
  11. i)the treatment of personal data disclosed orally or otherwise during meetings or private sessions, including circumstances in which such treatment constitutes processing for the purposes of the Data Protection Act 2018 (No. 7 of 2018).
(3)The Commission shall— (a) review the policies and procedures referred to in paragraph
(1)on a regular basis, and (b) update those policies and procedures as the Commission considers appropriate. GIVEN under my Official Seal, 16 July, 2026. HILDEGARDE NAUGHTON, Minister for Education and Youth. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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