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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

A recent survey of regional data protection authorities in Germany has revealed 75 cases of reported personal data breaches since the GDPR came into effect on 25 May 2018. As a result, German authorities have imposed punitive fines totalling €449,000.

Germany differs from Ireland as the responsibility for monitoring and ensuring compliance with the GDPR and national data protection laws is delegated to each of the 16 German states, with each state possessing its own authority. A committee consisting of representatives from each regional authority (the ‘Data Protection Conference’) has also been appointed to ensure that a consistent approach is taken throughout the states.

So far, fines have been imposed in six of the sixteen federal states. The highest fines have been reported in the Baden-Wurttemberg region (€203, 000 across seven cases), Rhineland-Palatinate region (€124,000 across nine cases) and Berlin (€105,600 across eighteen cases). Examples of commonly reported GDPR violations include inadequate technical or organisational security measures (e.g. storing user password in non-encrypted form), non-compliance with information duties (e.g. lack of transparency around processing activities) and unauthorized marketing e-mails.Continue Reading German data protection authorities issue fines in 75 cases for GDPR breaches

In advance of the forthcoming Dáil elections, the Office of the Data Protection Commissioner (ODPC) has issued guidance to candidates for election and their representatives on canvassing, data protection and electronic marketing (the Guidance). Publication of the Guidance follows the ODPC’s previous efforts to boost awareness of individuals’ privacy rights in this area (see previous blog here).

The Guidance includes an overview of the provisions in relation to unsolicited marketing and cookie use as contained in the EC (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (S.I. 336 of 2011). It also emphasises …

Continue Reading ODPC Issues Guidance on Canvassing, Data Protection and Electronic Marketing

In Barbulescu v Romania, a case concerning employees’ right to privacy, the European Court of Human Rights (ECHR) held that an employer could monitor and access personal messages sent by an employee during work hours from his Yahoo Messenger account. The decision, however, is not a precedent for unrestricted monitoring by employers of personal messages sent by employees during office hours.Continue Reading ECHR rules employer can monitor personal messages sent by employee

On 7 December 2015, the EU Council reached an informal agreement with the EU Parliament on the draft Network and Information Security (NIS) Directive.The draft Directive sets out cybersecurity obligations for operators of essential services in the healthcare, banking, energy and transport sectors, and also digital service providers (including e-commerce platforms, search engines, social networks, internet payment gateways, and cloud services). These operators will be required to take measures to manage cyber risks and report major security incidents.Continue Reading Agreement reached on first EU-wide cybersecurity legislation

In its ongoing effort to raise awareness of individuals’ privacy rights, the Office of the Data Protection Commissioner (ODPC) has published a press release on their website on the "Electoral Register and ‘Opting Out’ of the Edited Register".

Every year, the Department of the Environment, Community and Local Government encourages individuals to register to vote or to check that their details are up to date on the Electoral Register in advance of the 25 November deadline. In line with publicising such rights, the ODPC wishes to draw attention to the Edited Electoral Register and how it relates to direct marketing. Continue Reading ODPC Raises Awareness of Right to Opt-Out of the Edited Electoral Register

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

On 14 May 2015, the Private Security (Licensing and Standards) (Private Investigator) Regulations 2015 (S.I. No 195 of 2015) were signed into law. The Regulations mark the outcome of a Private Security Authority (PSA) public consultation conducted last January following high profile prosecutions for breaches of data protection law in the Private Investigator (PI) Industry (see previous blogs here and here).

The Regulations, which come into effect on 1 November 2015, shall make it an offence for any contractor to offer a service as a PI without a licence after that date. It …

Continue Reading Licensing of Private Investigators mandatory from 1 November 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

There has been much debate during 2014 about the effectiveness of the US Safe Harbour regime. Many EU commentators have queried its effectiveness, pointing in particular to the lack of enforcement over the years by the Federal Trade Commission (FTC), the body which effectively is charged with dealing with complaints that companies are not in compliance with their public representations of adherence to the Safe Harbour principles.
Continue Reading SnapChat Signs Up to 20 Years of Data Protection Audits