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