Data protection and privacy—Ireland—Q&A guide

The following Information Law practice note provides comprehensive and up to date legal information covering:

  • Data protection and privacy—Ireland—Q&A guide
  • 1. Summarise the legislative framework for the protection of personally identifiable information (PII). Does your jurisdiction have a dedicated data protection law? Is the data protection law in your jurisdiction based on any international instruments on privacy or data protection?
  • 2. Which authority is responsible for overseeing the data protection law? Describe the investigative powers of the authority.
  • 3. Are there legal obligations on the data protection authority to cooperate with other data protection authorities, or is there a mechanism to resolve different approaches?
  • 4. Can breaches of data protection law lead to administrative sanctions or orders, or criminal penalties? How would such breaches be handled?
  • 5. Does the data protection law cover all sectors and types of organisation or are some areas of activity outside its scope?
  • 6. Does the data protection law cover interception of communications, electronic marketing or monitoring and surveillance of individuals? If not, list other relevant laws in this regard.
  • 7. Identify any further laws or regulations that provide specific data protection rules for related areas.
  • 8. What forms of PII are covered by the law?
  • 9. Is the reach of the law limited to PII owners and processors of PII established or operating in the jurisdiction?
  • More...

Data protection and privacy—Ireland—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to data protection and privacy in Ireland published as part of the Lexology Getting the Deal Through series by Law Business Research (published: May 2021).

Authors: Walkers—Shane Martin; Conor Daly; Susan Battye

1. Summarise the legislative framework for the protection of personally identifiable information (PII). Does your jurisdiction have a dedicated data protection law? Is the data protection law in your jurisdiction based on any international instruments on privacy or data protection?

Since 25 May 2018, the key legislative instrument applicable in Ireland for the protection of personally identifiable information (PII) has been the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679). The Irish Data Protection Acts 1988 to 2018 (the DPA) supplement and give further effect to the GDPR. Data protection is a fundamental right set out in article 8 of the EU Charter of Fundamental Rights and Irish courts have also recognised the right to privacy as one of the unenumerated rights recognised by the Irish constitution.

The legislative framework for the protection of PII also includes the Law Enforcement Directive (Directive (EU) 2016/680) in the context of criminal investigations and prosecutions. The Law Enforcement Directive is transposed into Irish law by the DPA.

The final key element of the legislative framework in Ireland is the European Communities (Electronic Communications Networks

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