Data Protection

State Use

Lawful Use (processing) of Personal Data (General Provisions) The (EU Wide) GDPR provides that processing (use) of personal data is permitted, provided that the processor complies with one or more of the following conditions; the data subject (the person whose personal information it is) has unambiguously given his consent; to the processing for one or more specific purposes the processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject, prior to entering a contract; the processing is necessary for compliance with a legal obligation to which the controller is subject; the processing is necessary to protect the vital interests of the data subject; the processing is necessary for the performance of a task carried out in public interest or the exercise of official authority vested in the controller (data holder) or in a third party to whom the data are disclosed; the processing is necessary for the purpose of the legitimate interests pursued by a controller or the third party to whom they are disclosed, except where such interests or overridden by the fundamental rights and freedoms of the data subject.… Read the rest

Sensitive Data

Pre-GDPR Regime I Higher standards have always applied under Data Protection legislation to the processing of certain categories of data. The processing of sensitive data was permissible in more limited circumstances under the pre-GDPR regime than applied in relation to personal data generally.… Read the rest

Principles

Personal Data Data Protection legislation controls the use to which personal information can be put. The legislation refers to the “processing” of personal data. Processing means any operation or set of operations which are performed on personal data or on sets of personal data, whether or not by automated means.… Read the rest

Policing Use

Law Enforcement Purposes Part 5 of the Data Protection Act 2018 applies to the automatic processing of personal data by or on behalf of a controller carried out for prevention, investigation, detection or prosecution of criminal offences, including the safeguarding against, and the prevention of, threats to public security, or the execution of criminal penalties.… Read the rest

Overview

Data Protection Legislation and Reform Data protection law restricts the collection, storage and use of personal data. Personal data is that which concerns a living person. The objective is to protect privacy and to restrict the use of information to legitimate purposes.… Read the rest

Non-EU Use

Application of GDPR / Data Protection Law Irish Data protection law (including the GDPR) applies to the processing of personal data where that data controller or processor is established in the State (Ireland) and data is processed in the context of the activities of that establishment.… Read the rest

Health Use

Processing sensitive data; Pre-GDPR Rules Higher standards applied under the original Data Protection legislation to the processing of certain categories of data. “Sensitive data” include those relating to the data subject’s health. The processing of sensitive data was permissible in more limited circumstances under the pre GDPR regime, than applied in relation to personal data generally.… Read the rest

Basis for Use

Lawful Use (processing) of Personal Data (General Provisions) The (EU Wide) GDPR provides that the processing (use) of personal data is permitted, provided that the processor complies with one or more of the following conditions; the data subject (the person whose personal information it is) has unambiguously given his consent; to the processing for one or more specific purposes; the processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject, prior to entering a contract; the processing is necessary for compliance with a legal obligation to which the controller is subject; the processing is necessary to protect the vital interests of the data subject; the processing is necessary for the performance of a task carried out in the public interest or the exercise of official authority vested in the controller (data holder) or in a third party to whom the data are disclosed; the processing is necessary for the purpose of the legitimate interests pursued by the controller or the third party to whom they are disclosed, except where such interests or overridden by the fundamental rights and freedoms of the data subject.… Read the rest