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14 2005

Disability Act 2005

PART 4

Genetic Testing

Interpretation (Part 4).

41. —In this Part—

“the Acts” means the Data Protection Acts 1988 and 2003;

“genetic data” means data relating to a living person derived from genetic testing of the person;

“genetic testing” means the examination of samples taken from a living person for the purpose of analysing the person's deoxyribonucleic or ribonucleic acid by means of chromosomal analysis or by any other means for the purpose of—

(a) confirming the identity or nature of an existing symptomatic disease,

(b) ascertaining whether the person has a genetic predisposition or susceptibility to a disease, or

(c) identifying the carrier of a disease;

“processing” has the meaning assigned to it by the Acts.

Genetic testing and processing of genetic data.

42. —(1) Genetic testing shall not be carried out on a person unless—

(a) the testing is not prohibited by law, and

(b) the consent of the person to the processing of any genetic data to be derived from the testing has been obtained in accordance with the Acts.

(2) A person shall not engage in the processing of genetic data in relation to—

(a) the employment of a person save in accordance with the provisions of section 12A of the Data Protection Act 1988 (as inserted by the Data Protection (Amendment) Act 2003 ),

(b) a policy of insurance or life assurance,

(c) a policy of health insurance or health-related insurance,

(d) an occupational pension, a retirement annuity contract or any other pension arrangement,

(e) the mortgaging of property.

(3) A person shall not process genetic data unless all reasonable steps have been taken to provide the data subject with all appropriate information concerning—

(a) the purpose and possible outcomes of the proposed processing, and

(b) any potential implications for the health of the data subject which may become known as a result of the processing.

(4) A person who contravenes subsection (2) or (3) shall be guilty of an offence; an offence under this subsection shall be deemed to be an offence to which section 31 of the Data Protection Act 1988 applies.

Family history information.

43. —(1) Information about the family history of an applicant for insurance shall be processed in accordance with such regulations (if any) as may be made by the Minister under section 2B(1)(b)(xi) of the Data Protection Act 1988 (as inserted by the Data Protection (Amendment) Act 2003 ).

(2) Before making regulations referred to in subsection (1) the Minister shall consult—

(a) in relation to processing connected with health or health-related insurance (other than health or health-related insurance provided for under the Health Insurance Acts 1994 and 2003) with the Minister for Health and Children and the Data Protection Commissioner,

(b) in relation to processing connected with an occupational pension, a retirement annuity contract or any other pension arrangement, with the Minister for Social and Family Affairs and the Data Protection Commissioner,

(c) in relation to processing connected with policies of insurance, or life assurance (other than those specified in paragraph (a)), or a mortgage, with the Irish Financial Services Regulatory Authority and the Data Protection Commissioner.

(3) Before making regulations referred to in subsection (1) the Minister may consult with such other bodies or persons as he or she thinks fit.

Review of operation of this Part.

44. —(1) The Minister shall initiate, not later than 1 January 2014, a review of the operation of this Part and shall ensure that the review is carried out.

(2) The person carrying out a review under subsection (1) shall consult with such other Ministers of the Government as he or she considers appropriate, the Data Protection Commissioner, the Irish Financial Services Regulatory Authority and such other persons or bodies as he or she considers appropriate.

Saver.

45. —(1) Nothing in this Part shall be construed as authorising the processing of personal data contrary to the provisions of the Data Protection Acts 1988 and 2003.

(2) Nothing in this Part shall be construed as prohibiting the taking and use in accordance with law of bodily samples for the purpose of forensic testing or analysis in connection with the investigation of an offence, or for any other purpose not prohibited by law, by or on behalf of the Garda Síochána or the processing by them of genetic data (if any) derived from such testing or analysis.