Overview Of The Data Protection Act In Ireland

data protection act in Ireland

What is the data protection act in Ireland? The Data Protection Act (DPA) is an act created to govern the processing of personal data in the Republic of Ireland and to protect personal data from unlawful processing. It protects people and lays down rules about how data about people can be used. How? Read more.

Overview Of The Data Protection Act In Ireland

In Ireland, the Data Protection Act 2018 has set the age of digital consent at 16. This means that if an organization is relying on consent as the legal basis (justification). 

It is for processing a child’s data and if the child is under 16, then consent must be from the child’s parents or guardians.

For the act, the processing of personal data is the obtaining, recording, or holding of information relating to a living individual; and any use that is made or likely to be of such information.

The act applies to the processing of personal data by any person insofar as that processing is out in the course of that person’s business. 

Businesses

A person carrying on a business refers to a person who habitually does business, whether for profit or not, or acts habitually in the course of business as an agent. Also, broker or another intermediary for another person. 

The Data Protection Act 2018 applies to the processing of personal data by any person or body that is in the Republic of Ireland. Even if a person is not established in Ireland, they are responsible for the processing of personal data.

The act also applies to any person that is not established in Ireland. Also, processes the personal data of individuals within the Republic of Ireland. 

The Data Protection Commission is the independent public authority that is responsible for regulating compliance with the DPA. 

The commission was under section 3 of the DPA and has powers to issue codes of practice, issue guidance notes and information notices, review notifications and investigate complaints. 

Data Protection Act In Ireland: Objectives

The DPA’s objective is to protect the fundamental rights and freedoms of individuals concerning the processing of their data. In addition, it aims to ensure the free flow of personal data within the EU. 

What The Act Covers?

The DPA applies to any person or body that processes personal data. It applies in the course of a person’s business. Also, it applies to any person who is not established in Ireland. 

It applies to processing that occurs within Ireland. In addition, it covers both automated and non-automated processing of personal data. 

The DPA does not apply to public authorities when they process personal data for certain specific purposes. Also, it does not apply to processing that is out for journalism, art, or literature. 

The DPA has extra protection for special categories of personal data. These are details about health and sexual orientation. In addition, it also protects personal data relating to criminal convictions and offenses. 

Conclusion

The DPA regulates the processing of personal data and how it is used. The act applies to businesses and individuals. It has special protection for some types of personal data. Individual rights are not limited by the act. 

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