The Data Protection (Amendment) Act, 2003, amends the existing Data Protection Act, 1988 in a number of significant ways. The main changes can be grouped into five categories:

• new definitions;
• new rights for data subjects;
• new responsibilities for data controllers;
• new rules governing the registration process; and
• new powers and functions for the Data Protection Commissioner.

By order- SI No. 207 of 2003 - made by the Minister for Justice, Equality and Law Reform - Data Protection (Amendment) Act 2003 (Commencement) Order 2003 - the provisions of the Amendment Act will take effect from 1 July 2003 except the provisions relating to registration (section 16 of the Act) which will take effect following a consultation process.

Similarly, the provision relating to enforced subject access (section 4(13)) will take effect from a time when the Vetting Unit of An Garda Síochána is in a position to properly handle requests for vetting.

These new rules are in addition to the provisions of the European Communities (Data Protection) Regulations, 2001, introduced by the Minister for Justice, Equality & Law Reform in December 2001, which took effect from 1 April 2002. Detailed guidance to these Regulations has already been published.

For further information on this topic please contact the Data Protection Commissioner at the address listed below. Or go to www.dataprivacy.ie