Data Protection Act 2018 (No. 7)

Version status: Partly in force | Document consolidation status: Updated to reflect all known changes

Published date: 24 May 2018

Data Protection Act 2018 (No. 7)

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

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Data Protection Act 2018 (No. 7)

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