CURRENT LEGAL ARTICLES

  

The Law

The Data Protection Act (Amended) 2018 and the GDPR (General Data Protection Regulation) cover the data protection law in Ireland. Under this Act, the Irish supervisory authority is the Data Protection Commission (DPC). 

What is personal data?

It relates to any information, typically held electronically, about a particular person. It concerns especially sensitive information such as finances, medical history, etc. But it usually includes your name, address, contact details, identification numbers, IP address, location data, and many other details. And as an internet user and natural person, you are a “data subject”.

What is the difference between the data controller and the data processor?

The data controller is the entity (company or organisation) holding and using your data. If the entity does not determine the purposes and means of the processing of personal data and simply holds the personal data on behalf of the controller, then it is called a data processor.

What are lawful reasons to process data?

There are six reasons why it is possible for an entity (collector or processor) to collect personal data. Those are:

· Consent

· To carry out a contract

· To meet a legal obligation 

· Where it is necessary to protect the interests of a person

· Where it is essential for the performance of a task carried out in the public interest

· In the legitimate interest of the entity, unless they contradict or harm the interests, rights, and freedoms of the individual.

Can all personal data be processed?

There are some exceptions to processing your personal data because some are considered too sensitive. Those “special categories” of data involve political opinions, religious or philosophical beliefs, trade union membership, but also data concerning health or sexual orientation. Some other are personal data revealing the racial or ethnic origin and genetic and biometric data that is processed to identify a person.

What are your rights?

You have the right for your personal data to be protected, and if such data is processed, it must be done fairly for specified purposes based on the consent of the person concerned. 

You should be allowed access to the data collected from you, as well as to rectify it. You should also be able to restrict the processing of your personal data and object to it, withdraw from consent previously given, or even demand the erasure of your personal data. 

Besides, you have the right to complain to the DPC.

What is the Subject Access Request (SAR)?

It refers to your right to access a copy of any personal data held on a computer or structured filing system. In order to file a request, you must complete a SAR form that must be sent to the Data Protection Officer.

How to raise a complaint?

If you believe your personal data might have been handled wrongfully, you can raise a concern with the DPC. For instance, if you are concerned about an organisation’s response to a SAR, or about direct marketing material you have received, or if you are suspicious of a breach of personal data.

So, if you have yet to receive a response to an access request or if the response was incomplete, or if exemptions to withhold data have not been applied correctly, you are eligible to make a complaint. You will have to provide the DPC with some documents, such as a copy of the SAR, to file this complaint. For further information, contact https://greensolicitors.ie/contact https://greensolicitors.ie/appointments 

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Best regards,

Dylan Green

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