Version status: Partly in force | Document consolidation status: Updated to reflect all known changes
Published date: 24 May 2018
    Version 1 of 1    

Data Protection Act 2018 (No. 7)

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
Not yet in force
25. Accountability for accounts of Commission
In force
26. Prohibition on disclosure of confidential information
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. 107-117)
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
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
Partly 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