Data Protection
[No. 3 of 2021 113
(3) Despite subsection (2), the Data Protection Commissioner
shall establish and make public a list of the kind of processing
operations which are subject to the requirement for a data protection
impact assessment under subsection (1).
(4) An impact assessment under subsection (1) shall be in a
prescribed manner and form.
(5) A data controller shall, where necessary, carry out a review
to assess if processing is performed in accordance with the data
protection impact assessment where there is a change of the risk
represented by processing operations.
47. (1) A data controller or data processor, shall provide
guarantees regarding the technical and organisational security
measures employed to protect the personal data associated with
the processing undertaken and ensure strict adherence to such
measures.
(2) A data controller or the data processor shall, having regard
to the nature, scope and purpose of processing personal data
undertaken, the risks associated with such processing, and the
likelihood and severity of the harm that may result from such
processing, implement appropriate security safeguards including—
(a) maintaining integrity of personal data using methods
including pseudonymisation and encryption;
(b) ensuring ongoing confidentiality, integrity and
implementation of measures necessary to protect the
integrity of personal data;
(c) measures necessary to prevent misuse, unauthorised
access to, modification, disclosure or destruction of
personal data; and
(d) implementation of appropriate data protection policies.
(3) A data controller and data processor shall undertake a
periodic review of security safeguard in accordance with guidelines
issued by the Data Protection Commissioner.
(4) Where processing is to be carried out on behalf of a data
controller, the data controller shall only use processors providing
sufficient guarantees to implement appropriate technical and
organisational measures in a manner that ensures that the processing
will meet the requirements of this Act and protect the rights of the
data subject.
Security of
processing
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