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On 6 April 2020, the Data Protection Commission (DPC) published a report on the use of cookies and other tracking technologies (Report) and an updated guidance note on cookies and other tracking technologies (Guidance).

The Report is based on a review carried out by the DPC of websites in various sectors in Ireland, including insurance, banking, media, retail and the public sector. The purpose of the DPC’s report was to examine whether organisations are complying with the law, and, in particular, how organisations are obtaining the consent of users for the use of cookies. The majority of the 38 organisations examined were found to have potential compliance issues, particularly in relation to reliance on implied consent for setting non-necessary cookies; lack of choice for users to reject all cookies; bundling of consent for all purposes; and the possible misclassification of cookies as “necessary” or “strictly necessary“.  The Report gives an overview of the responses received highlighting what the DPC considers to be both “good” and “bad” practices that it encountered on the websites, and the Guidance provides website operators with guidance on how to comply with the rules relating to cookies, which are set out in the Irish ePrivacy Regulations.Continue Reading DPC publishes Report and Guidance on cookies following a “cross-sector and cross-size” sweep of website operators

In Doolin v DPC [2020], the High Court held that an employer’s use of CCTV footage in an employee’s disciplinary proceedings constituted unlawful further processing. It concluded that the Data Protection Commission (DPC) had made an “error of law” in their finding that no further processing of the CCTV footage had occurred. The Court found that the CCTV footage was lawfully collected for security purposes. However, the CCTV footage was then unlawfully further processed for the purpose of the disciplinary proceedings, which was incompatible with the original purpose for which the CCTV footage was processed. The decision shows the importance of only using personal data, particularly CCTV footage, for the purpose for which it was collected.
Continue Reading Use of CCTV footage in disciplinary proceedings breached employee’s data protection rights

The UK government has published its initial consultation response on the Online Harms White Paper (see our previous post here). The new regulatory framework proposes introducing a ‘duty of care’ on online services in respect of harmful content. The government’s initial response reports on the findings from the public consultation, and provides an indication of how the legislation will be taken forward.
Continue Reading Online Harms White Paper – UK government publishes its initial consultation response

The Minister for Social Protection, Regina Doherty, and the Minister for Finance, Paschal Donohoe, have informed the government that provision and use of the Public Services Card (PSC), not just by the Department of Employment Affairs and Social Protection (DEASP), but by other public bodies shall continue. The DEASP has written to the Data Protection Commission (DPC) advising it of this decision. In doing so, the Government accepts that it may be necessary for the matter to be referred to the courts for a definitive decision. The DEASP intend to publish the DPC’s investigation report following further engagement with the DPC.
Continue Reading Government challenges findings of Data Protection Commission about Public Services Cards

The UK Information Commissioner’s Office (ICO) has amended its guidance on the time limit for responding to a subject access request (SAR).

Under Article 12 GDPR, a data controller must respond to a SAR “without undue delay and in any event within one month of receipt of the request.” This can be extended by a further two months if the request is complex or a number of requests have been made by the data subject.Continue Reading ICO clarifies time limit for responding to subject access requests

On Friday 16 August 2019, the Data Protection Commission (DPC) published its findings on certain aspects of the Public Services Card (PSC). The DPC found that seven out of eight of its findings were adverse to the positions advanced by the Department of Employment and Social Protection (DEASP) and that there is and has been non-compliance with the applicable provisions of data protection law.
Continue Reading DPC Publishes Statement on the Public Services Card

The General Data Protection Regulation (GDPR) will automatically come into force across the EU on 25 May 2018. As the deadline fast approaches, Member States are busy progressing their draft implementing legislation. Article 23 of the GDPR provides Member States with discretion over how certain provisions will apply. These proposed derogations to the GDPR have been a focus point for many commentators on the draft national legislation.
Continue Reading UK Government sets out proposed derogations under GDPR

News reports have confirmed that on Wednesday 26 July, after a public consultation period on the issue, the Irish Government have agreed to set the digital age of consent at 13 years of age. Article 8 of the General Data Protection Regulation (GDPR) provides that a child under the age of 16 cannot consent to the processing of their personal data without the express consent of their parents. EU Member States have been granted the discretion to set a lower age under the GDPR provided that it is no lower than 13.

The decision follows consideration of a submission made…
Continue Reading Digital Age of Consent agreed by Irish Government

On 26 July 2017 the Court of Justice of the European Union (CJEU) delivered its Opinion that the draft Passenger Name Record (PNR) Agreement between the EU and Canada is not compatible with the EU Charter of Fundamental Rights (the Charter) and may not be concluded in its current form. The Opinion follows a referral by the European Parliament to the CJEU and is the first time the Court has been requested to examine the compatibility of an international agreement with the EU Charter.
Continue Reading EU-Canada Passenger Name Records Agreement declared incompatible with EU Fundamental Rights

The UK Information Commissioners Office (the ICO) has released an International Strategy (the Strategy) in which it outlines its plans for 2017 – 2021 to deal with the data protection challenges presented by globalism, the GDPR and Brexit. The Strategy which can be read in full here is the first with an international emphasis released by the ICO. It is described by the UK Information Commissioner, Elizabeth Denham, in a statement on 4 July, as a “blueprint” for how the ICO will deliver its international objectives.

The Strategy reiterates the ICO’s commitment to assisting with the implementation of the GDPR…
Continue Reading ICO Releases International Strategy