Data Protection Act 2018

Sommaire

1. Art. 1 Short title, citation and commencement
2. Art. 2 Interpretation
3. Art. 3 Designation by appropriate authority
4. Art. 4 Obligation not to require data subject to exercise right of access under Data Protection Regulation and Directive in certain circumstances
5. Art. 5 Expenses
6. Art. 6 Regulations
7. Art. 7 Repeals and revocations
8. Art. 8 Application of Data Protection Act 1988
9. Art. 9 Establishment day
10. Art. 10 Establishment of Data Protection Commission
11. Art. 11 Supervisory authority for Data Protection Regulation and Directive
12. Art. 12 Functions of Commission
13. Art. 13 Performance of functions of Commission by Commissioner or member of staff
14. Art. 14 Transfer of functions of Data Protection Commissioner to Commission
15. Art. 15 Membership of Commission
16. Art. 16 Appointment of chairperson of Commission
17. Art. 17 Resignation, removal, disqualification of Commissioner, ineligibility to become Commissioner
18. Art. 18 Acting Commissioner
19. Art. 19 Accountability of Commissioner to Oireachtas Committees
20. Art. 20 Assignment and transfer of staff to Commission
21. Art. 21 Staff of Commission
22. Art. 22 Superannuation of Commissioners
23. Art. 23 Accounts of Commission
24. Art. 24 Annual report
25. Art. 25 Accountability for accounts of Commission
26. Art. 26 Prohibition on disclosure of confidential information
27. Art. 26A Prohibition on disclosure of confidential information by persons engaging with Commission in connection with relevant function
28. Art. 27 Civil proceedings for contravention of section 26
29. Art. 28 Fees
30. Art. 29 Child for purposes of application of Data Protection Regulation
31. Art. 30 Micro-targeting and profiling of children
32. Art. 31 Consent of child in relation to information society services
33. Art. 32 Codes of conduct: children
34. Art. 33 Right to be forgotten: children
35. Art. 34 Designation of data protection officer
36. Art. 35 Accreditation of certification bodies by Irish National Accreditation Board
37. Art. 36 Suitable and specific measures for processing
38. Art. 37 Limitation on transfers of personal data outside the European Union
39. Art. 38 Processing for a task carried out in the public interest or in the exercise of official authority
40. Art. 39 Communication with data subjects by political parties, candidates for and holders of certain elective political offices
41. Art. 40 Processing of personal data and special categories of personal data by elected representatives
42. Art. 41 Processing for purpose other than purpose for which data collected
43. Art. 42 Processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes
44. Art. 43 Data processing and freedom of expression and information
45. Art. 44 Data processing and public access to official documents
46. Art. 45 Processing of special categories of personal data
47. Art. 46 Processing of special categories of personal data for purposes of employment and social welfare law
48. Art. 47 Processing of special categories of personal data for purpose of legal advice and legal proceedings
49. Art. 48 Processing of personal data revealing political opinions for electoral activities and functions of Referendum Commission
50. Art. 49 Processing of special categories of personal data for purposes of administration of justice and performance of functions
51. Art. 50 Processing of special categories of personal data for insurance and pension purposes
52. Art. 51 Processing of special categories of personal data and Article 10 data for reasons of substantial public interest
53. Art. 52 Processing of special categories of personal data for purposes of Article 9(2)(h)
54. Art. 53 Processing of special categories of personal data for purposes of public interest in the area of public health
55. Art. 54 Processing of special categories of personal data for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes
56. Art. 55 Processing of personal data relating to criminal convictions and offences
57. Art. 56 Right of access to results and scripts of examination and results of appeal
58. Art. 57 Rights in relation to automated decision making
59. Art. 58 Direct marketing for purposes of Article 21
60. Art. 59 Restriction on right of data subject to object to processing for election purposes and processing by Referendum Commission
61. Art. 60 Restrictions on obligations of controllers and rights of data subjects for important objectives of general public interest
62. Art. 61 Restriction on exercise of data subjects’ rights: archiving purposes in the public interest, scientific or historical research purposes or statistical purposes
63. Art. 62 Transfer of property of Data Protection Commissioner to Commission
64. Art. 63 Transfer of rights and liabilities of Data Protection Commissioner to Commission
65. Art. 64 Liability for loss occurring before establishment day
66. Art. 65 Provisions consequent upon transfer of functions, assets, rights and liabilities to Commission
67. Art. 66 Final accounts and final annual report of Data Protection Commissioner
68. Art. 67 Saver for scheme relating to superannuation
69. Art. 68 Saver for regulations under Act of 1988
70. Art. 69 Interpretation (Part 5)
71. Art. 70 Application of Part 5
72. Art. 71 Processing of personal data
73. Art. 72 Security measures for personal data
74. Art. 73 Processing of special categories of personal data (Part 5)
75. Art. 74 Data quality
76. Art. 75 General obligations of controller with regard to technical and organisational measures
77. Art. 76 Data protection by design and by default
78. Art. 77 Security of automated processing
79. Art. 78 Technical and organisational measures
80. Art. 79 Joint controllers
81. Art. 80 Processors
82. Art. 81 Record of data processing activities
83. Art. 82 Data logging for automated processing system
84. Art. 83 Cooperation with Commission
85. Art. 84 Data protection impact assessment and prior consultation with Commission
86. Art. 85 Notification of personal data breach by processor
87. Art. 86 Notification of personal data breach to Commission, etc.
88. Art. 87 Communication of personal data breach to data subject
89. Art. 88 Data protection officer
90. Art. 89 Rights in relation to automated decision making (Part 5)
91. Art. 90 Right to information
92. Art. 91 Right of access
93. Art. 92 Right to rectification or erasure and restriction of processing
94. Art. 93 Communication with data subject
95. Art. 94 Restrictions on exercise of data subject rights (Part 5)
96. Art. 95 Indirect exercise of rights and verification by Commission
97. Art. 96 Transfer to third country or international organisation
98. Art. 97 Adequacy decision
99. Art. 98 Transfer subject to appropriate safeguards
100. Art. 99 Derogations for specific situations
101. Art. 100 Transfer to recipient in third country
102. Art. 101 Functions of Commission under Part 5
103. Art. 102 Power of the Commission to advise and issue opinions
104. Art. 103 Mutual assistance
105. Art. 104 Requests by Commission for mutual assistance
106. Art. 105 Interpretation (Part 6)
107. Art. 106 Service of documents (Part 6)
108. Art. 107 Interpretation (Chapter 2)
109. Art. 108 Complaints under Chapter 2: General
110. Art. 109 Commission to handle complaint under Chapter 2
111. Art. 110 Commission may conduct inquiry into suspected infringement of relevant enactment
112. Art. 111 Decision of Commission where inquiry under Chapter 2 conducted of own volition
113. Art. 112 Decision of Commission where inquiry conducted in respect of complaint to which Article 55 or 56(5) applies
114. Art. 113 Complaint to which Article 60 applies
115. Art. 114 Commission to adopt decision in certain circumstances
116. Art. 115 Exercise by Commission of corrective power
117. Art. 116 Notification of decision of Commission under Chapter 2
118. Art. 117 Judicial remedy for infringement of relevant enactment
119. Art. 117A Judicial remedy for infringement of certain appropriate safeguards on transfers of personal data outside European Union
120. Art. 118 Interpretation (Chapter 3)
121. Art. 119 Data subject may lodge complaint with Commission
122. Art. 120 Representation of data subjects
123. Art. 121 Complaints under Chapter 3: General
124. Art. 122 Commission to handle complaint under Chapter 3
125. Art. 123 Commission may conduct inquiry into suspected infringements of relevant provision
126. Art. 124 Decision of Commission in respect of inquiry under Chapter 3 conducted of own volition
127. Art. 125 Decision of Commission where inquiry conducted in respect of complaint under Chapter 3
128. Art. 126 Notification of decision of Commission under Chapter 3
129. Art. 127 Corrective powers of Commission (Chapter 3)
130. Art. 128 Judicial remedy for infringement of relevant provision
131. Art. 129 Authorised officers
132. Art. 130 Powers of authorised officers
133. Art. 131 Search warrants
134. Art. 132 Information notice
135. Art. 133 Enforcement notice
136. Art. 134 Circumstances in which application may be made to the High Court for suspension or restriction of processing of data
137. Art. 135 Power to require report
138. Art. 136 Data Protection Audit
139. Art. 137 Investigations
140. Art. 138 Conduct of investigation under section 137
141. Art. 139 Investigation report
142. Art. 140 Commission to consider investigation report
143. Art. 141 Power of Commission to decide to impose administrative fine: General
144. Art. 142 Appeal against administrative fine
145. Art. 143 Circuit Court to confirm decision to impose administrative fine
146. Art. 144 Unauthorised disclosure by processor
147. Art. 145 Disclosure of personal data obtained without authority
148. Art. 146 Offences by directors, etc., of bodies corporate
149. Art. 147 Prosecution of summary offences by Commission
150. Art. 148 General provisions relating to complaints
151. Art. 149 Publication of convictions, sanctions, etc.
152. Art. 150 Right to effective judicial remedy (Part 6)
153. Art. 151 Privileged legal material
154. Art. 152 Presumptions
155. Art. 153 Expert evidence
156. Art. 154 Immunity from suit
157. Art. 155 Jurisdiction of Circuit Court
158. Art. 156 Hearing of proceedings
159. Art. 157 Supervisory authority for courts acting in judicial capacity
160. Art. 158 Restrictions on obligations of controllers and rights of data subjects for objective of safeguarding judicial independence and court proceedings
161. Art. 159 Processing of personal data where court is controller
162. Art. 160 Publication of judgment or decision of court or court list
163. Art. 161 Rules of court for data protection actions
164. Art. 162 Legal privilege
165. Art. 163 Application to High Court concerning adequate level of protection or appropriate safeguards
166. Art. 164 Court may order destruction, erasure of data
167. Art. 165 Reference to personal data in enactment
168. Art. 166 Reference to processing in enactment
169. Art. 167 Amendment of Firearms Act 1925
170. Art. 168 Amendment of section 33AK of Central Bank Act 1942
171. Art. 169 Amendment of section 2 of Civil Service Regulation Act 1956
172. Art. 170 Amendment of section 24 of Misuse of Drugs Act 1977
173. Art. 171 Amendment of section 15A of Control of Clinical Trials Act 1987
174. Art. 172 Amendment of Data Protection Act 1988
175. Art. 173 Amendment of Bankruptcy Act 1988
176. Art. 174 Amendment of Firearms and Offensive Weapons Act 1990
177. Art. 175 Amendment of section 13A of Electoral Act 1992
178. Art. 176 Amendment of Comptroller and Auditor General (Amendment) Act 1993
179. Art. 177 Amendment of section 8 of Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993
180. Art. 178 Amendment of section 24 of Statistics Act 1993
181. Art. 179 Amendment of section 57B of Irish Aviation Authority Act 1993
182. Art. 180 Amendment of section 18F of Health Insurance Act 1994
183. Art. 181 Amendment of section 142 of Consumer Credit Act 1995
184. Art. 182 Amendment of section 32B of Irish Medicines Board Act 1995
185. Art. 183 Amendment of section 77 of Central Bank Act 1997
186. Art. 184 Amendment of section 1 of Health (Provision of Information) Act 1997
187. Art. 185 Amendment of section 9M of Electricity Regulation Act 1999
188. Art. 186 Amendment of British-Irish Agreement Act 1999
189. Art. 187 Amendment of section 7D of Comhairle Act 2000
190. Art. 188 Amendment of section 33 of Commission To Inquire Into Child Abuse Act 2000
191. Art. 189 Amendment of section 2 of Merchant Shipping (Investigation of Marine Casualties) Act 2000
192. Art. 190 Amendment of section 28 of Education (Welfare) Act 2000
193. Art. 191 Amendment of section 38 of Planning and Development Act 2000
194. Art. 192 Amendment of section 14 of Dormant Accounts Act 2001
195. Art. 193 Amendment of section 30 of Residential Institutions Redress Act 2002
196. Art. 194 Amendment of section 2 of Official Languages Act 2003
197. Art. 195 Amendment of section 86 of Personal Injuries Assessment Board Act 2003
198. Art. 196 Amendment of section 12 of Unclaimed Life Assurance Policies Act 2003
199. Art. 197 Amendment of section 66 of Civil Registration Act 2004
200. Art. 198 Amendment of section 39 of Commissions of Investigation Act 2004
201. Art. 199 Amendment of section 55H of Health Act 2004
202. Art. 200 Amendment of section 2 of Safety, Health and Welfare at Work Act 2005
203. Art. 201 Amendment of section 265 of Social Welfare Consolidation Act 2005
204. Art. 202 Amendment of Disability Act 2005
205. Art. 203 Amendment of section 2 of Railway Safety Act 2005
206. Art. 204 Amendment of section 12 of Health (Repayment Scheme) Act 2006
207. Art. 205 Amendment of section 19 of Electoral (Amendment) Act 2006
208. Art. 206 Amendment of section 67 of Pharmacy Act 2007
209. Art. 207 Amendment of Passports Act 2008
210. Art. 208 Amendment of Criminal Justice (Mutual Assistance) Act 2008
211. Art. 209 Amendment of section 2 of Chemicals Act 2008
212. Art. 210 Amendment of Nursing Homes Support Scheme Act 2009
213. Art. 211 Amendment of section 23 of Criminal Justice (Miscellaneous Provisions) Act 2009
214. Art. 212 Amendment of section 201 of National Asset Management Agency Act 2009
215. Art. 213 Amendment of Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
216. Art. 214 Amendment of section 12 of Communications (Retention of Data) Act 2011
217. Art. 215 Amendment of section 17A of Ministers and Secretaries (Amendment) Act 2011
218. Art. 216 Amendment of section 28 of Student Support Act 2011
219. Art. 217 Amendment of Communications Regulation (Postal Services) Act 2011
220. Art. 218 Amendment of Property Services (Regulation) Act 2011
221. Art. 219 Amendment of section 56 of Credit Union and Co-operation with Overseas Regulators Act 2012
222. Art. 220 Amendment of Europol Act 2012
223. Art. 221 Amendment of Personal Insolvency Act 2012
224. Art. 222 Amendment of section 2 of Animal Health and Welfare Act 2013
225. Art. 223 Amendment of section 8 of Health (Alteration of Criteria for Eligibility) Act 2013
226. Art. 224 Insertion of section 957A to Companies Act 2014
227. Art. 225 Amendment of Health Identifiers Act 2014
228. Art. 226 Amendment of section 15 of Freedom of Information Act 2014
229. Art. 227 Amendment of section 41 of Customs Act 2015
230. Art. 228 Amendment of section 7 of Regulation of Lobbying Act 2015
231. Art. 229 Amendment of Sport Ireland Act 2015
232. Art. 230 Amendment of section 12 of Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016
233. Art. 231 Amendment of section 62 of Financial Services and Pensions Ombudsman Act 2017
234. Art. 232 Amendment of National Shared Services Office Act 2017