S.I. No. 687 of 2007

DATA PROTECTION (PROCESSING OF GENETIC DATA) REGULATIONS 2007.

Notice of the making of this Statutory Instrument was published in

�Iris Oifigi�il� of 9th October, 2007.

I, BILLY HAWKES, Data Protection Commissioner, in exercise of the powers conferred on me by section 12A (inserted by section 13 of the Data Protection (Amendment) Act 2003 (No. 6 of 2003)) of the Data Protection Act 1988 (No. 25 of 1988), and with the consent of the Minister for Justice, Equality and Law Reform, hereby make the following regulations:

1. (1) These Regulations may be cited as the Data Protection (Processing of Genetic Data) Regulations 2007.

(2) These Regulations come into operation on 8 October 2007.

2. In these Regulations �genetic data� has the meaning assigned to it by section 41 of the Disability Act 2005 (No. 14 of 2005).

3. The processing of genetic data in relation to the employment of a person is prescribed for the purposes of section 12A (inserted by section 13 of the Data Protection (Amendment) Act 2003 (No. 16 of 2003)) of the Data Protection Act 1988 (No. 25 of 1988).

GIVEN under my hand,

3 October 2007

BILLY HAWKES.

Data Protection Commissioner.

The Minister for Justice, Equality and Law Reform consents to the making of the foregoing Regulations.

GIVEN under my Official Seal,

3 October 2007

BRIAN LENIHAN.

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations provide for the designation, under section 12A of the Data Protection Acts 1988 and 2003 for the purposes of section 42(2)(a) of the Disability Act 2005 , of the processing of genetic data in relation to the employment of a person as processing that can only take place with the prior approval of the Data Protection Commissioner.