Cyber Risk & Data Privacy

Subscribe to Cyber Risk & Data Privacy via RSS

The Office of the Data Protection Commissioner (ODPC) participated in the third Global Privacy Enforcement Network (GPEN) Privacy “Sweep” (the Sweep) which took place between 11th and 15th May 2015. The aim of the Sweep was to examine the data privacy practices of websites and apps aimed at or popular among children.Continue Reading GPEN Privacy Sweep 2015 raises Concerns over Children’s Apps

European Union negotiations with the US government for an international data protection framework agreement in the law enforcement area have been finalised. The "Umbrella Agreement" provides that personal data transferred between EU and US law enforcement authorities, such as names, addresses, and criminal records, can only be shared for the purpose of prevention, detection, investigation and prosecution of criminal offences, including terrorism. It must not be used for further incompatible purposes. In cases where a US authority intends to transfer the data further, to a third country or international organisation, it will first have to obtain the consent of the law enforcement authority in the EU which originally transferred the data to the US.Continue Reading EU-US Umbrella Agreement finalised

The High Court, in In the Matter for Mount Carmel Medical Group (South Dublin) Ltd (In Liquidation) [2015] IEHC 450 considered the issue of who is a data controller under data protection law in respect of data held by a company in liquidation. 

The Court refused to grant the declarations sought by the liquidators of Mount Carmel Hospital, that the statutory role of data controller was transferred to St. James Hospital (SJH) along with transfer of the patient’s records to SJH, and that the liquidators could have access to the patient data insofar as necessary for the purposes of the liquidation. 

Keane J. held that there was "a clear danger of overlapping and unworkable jurisdictions" if he granted the declarations sought, as it would deprive data subjects of any meaningful right in the future to complain to the Data Protection Commissioner (the DPC) about any data processing activities carried out by Mount Carmel Hospital. 

The decision shows that in the event of a dispute arising as to who is the data controller of records under a contract,  the courts will give limited weight to any contractual provisions designing a particular party as data controller, and will instead focus on who, in fact, exercises control over the personal data concerned.  Continue Reading Court refuses to grant declaration as to identity of the data controller

Last month the Department of Communications, Energy and Natural Resources published the Government’s National Cyber Security Strategy 2015-2017 (the Strategy).

In 2013 the World Economic Forum classified cyber related threats as one of the highest of all global risks from the perspective of impact and likelihood. This assessment was echoed at a national level in the Government’s 2014 National Risk Assessment. The development and proliferation of Information and Communications technology (ICT) has transformed the way in which society operates. There are few sectors of both society and the economy which do not rely on some form of ICT for their continued operation. This increased dependence has led to increased risk with threats such as hacking, cyber-crime, hacktivism, cyber espionage, software failures and even human error posing a direct threat not only to the daily lives of Irish citizens but also to the economy and the State. Continue Reading Government publishes National Cyber Security Strategy

On 15 June 2015, the European Council of Ministers reached agreement on its version of the draft Data Protection Regulation .  Trilogue negotiations between the Council, the European Parliament and the EU Commission will start next week on 24 June, witht he aim of reaching a final agreement by the end of 2015.Continue Reading Council of Ministers reaches agreement on proposed Data Protection Regulation

Unmanned Aerial Vehicles, or Drones, as they are more commonly known, have traditionally been regarded as a military tool, frequently featuring in media reports on US military action as well as TV dramas such as ‘Homeland’ and ‘House of Cards’. They are however, being increasingly put to a much broader spectrum of uses.

Drones have been used by humanitarian organisations to deliver food and medical supplies to crisis-stricken areas. Following typhoon Haiyan in the Philippines, drones were used by international relief agency Medair to map terrain and create a detailed system of 3D aerial images of the region to make relief efforts more efficient. Amazon’s Prime Air development project has also garnered a lot of attention for its goal to use drones to deliver goods to customers in 30 minutes or less. Drones are also now available to buy in electronics stores and are used to capture videos and photographs by amateur and professional photographers. Continue Reading Drone Regulation Takes Flight