Model Contracts are standard contractual clauses for the transfer of personal data outside the EU/EEA which have been approved by the European Commission. They have been approved on the basis that they provide sufficient safeguards for privacy, fundamental rights and the exercise of those rights. To date two sets of standard contractual clauses for the transfer of personal data outside the EU/EEA from data controllers to data controllers and one set for transfers from data controllers to data processors have been approved by the Commission.Continue Reading Transfer Tools Post Schrems: EU Data Protection Authorities’ Common Position on Model Contacts
Government announces €1.2m increase in funding for the Office of the Data Protection Commissioner
The Office of the Data Protection Commissioner is to get a €1.2m increase in funding for 2016. Minister for European Affairs and Data Protection, Dara Murphy announced the measure, under Budget 2016, and said that the increased resources are bring provided to "ensure that Ireland continues to have an excellent regulatory and enforcement regime for data protection, and that we are fully equipped to adapt to the ever-increasing pace of change in the digital economy".Continue Reading Government announces €1.2m increase in funding for the Office of the Data Protection Commissioner
Data in Disarray: The Aftermath of the Safe Harbour Decision
As has been reported widely in the world media, the Court of Justice of the European Union (CJEU) this week declared the EU-US Safe Harbour regime to be invalid. The decision has understandably given rise to a lot of concern among European businesses that transfer data to the US.
In this blog post, we seek to answer the main questions that are being asked following the CJEU ruling. Continue Reading Data in Disarray: The Aftermath of the Safe Harbour Decision
Safe Harbour in Danger?
The Advocate General, Yves Bot, of the Court of Justice of the European Union (CJEU) last week delivered his opinion in the Maximillian Schrems v Data Protection Commissioner Case, C‑362/14 (the Opinion). The Opinion, which is advisory in nature, recommends that the Safe Harbour programme be invalidated and that the Irish Data Protection Commissioner (the DPC) be empowered to carry out a full investigation as to the adequacy of protection afforded to the personal data of Facebook’s EU users. Continue Reading Safe Harbour in Danger?
GPEN Privacy Sweep 2015 raises Concerns over Children’s Apps
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
Text of Data Protection Regulation Leaked
Statewatch.org have recently published a leaked copy of the European Council’s draft of the proposed new Data Protection Regulation and it makes for interesting reading.Continue Reading Text of Data Protection Regulation Leaked
Drone Regulation Takes Flight
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
Data Protection Reform – One Stop Shop Complexity
The political machinations continue at EU level and predictions for publication of a final form Data Protection Regulation increasingly refer to 2016 as the likely date. But to read behind the headlines continues to be a useful exercise for corporates who need to give real consideration now to what their regulatory landscape might look like in the not too distant future.
A key issue will be determining the place of “main establishment” which in turn will determine the appropriate lead authority.
If that isn’t clear, or there is disagreement, it is being proposed that an EU Data Protection Board (EDPB) would have power to make a binding determination.Continue Reading Data Protection Reform – One Stop Shop Complexity
Data Protection Commissioner reviews 2014 and sets out plans for 2015
The Data Protection Commissioner, Helen Dixon, spoke at the Society for Computers and Law’s ‘The Evolution and Reform of Data Protection’ event this morning. The Commissioner gave an overview of the activities of the Office of the Data Protection Commissioner (ODPC) in 2014 and set out the aims of the ODPC for the year ahead.Continue Reading Data Protection Commissioner reviews 2014 and sets out plans for 2015
A permanent record (or at least until you turn 30)
The Department of Education and Skills is currently creating an individualised database of primary school students; the Primary Online Database (POD). The POD will gather personal data and sensitive personal data about pupils, such as information about ethnic and cultural background, religion, medical conditions, students with special needs and students’ Personal Public Service Numbers (PPSN). The POD will be shared with other state bodies, including the Central Statistics Office, the Department of Social Protection, the Department of Public Expenditure and Reform and the Revenue Commissioners. Continue Reading A permanent record (or at least until you turn 30)