Data Protection Law in Ireland: Sources and Issues, 2ed

Author: Paul Lambert

ISBN: 978-1-905536-87-0

Format: Paper Back

Publication Date: November 2016 

Data Protection Law in Ireland: Sources and Issues is the most recent and up-to-date book on data protection in Ireland providing a comprehensive guide as to what data protection is and the implications and obligations for holders and subjects of such data.  In 2016 data protection regulation has seen the most significant change in over twenty-one years.

The Data Protection Directive is replaced in its entirety by the new General Data Protection Regulation. This affects all organisations and all individuals throughout the EU and Ireland. In addition to new and expanded rights and obligations, organisations must also engage Data Protection Officers, whom have significant responsibilities and independence.

Some of the significant updates of Data Protection Law in Ireland: Sources and Issues, Second Edition include:

• The new Irish and EU data protection regime;

• New requirements of the General Data Protection Regulation (GDPR);

• New and enhanced rights for individuals;

• New detailed obligations for organisations;

• New principles, definitions, processing conditions and criteria;

• Increasing issues surrounding new types of data collections, business uses and new business models;

• The arrival of new technologies require particular compliance consideration in order to be lawful under the new data protection regime. Examples include new tracking and localisation services, new devices, new Apps, vehicles tracking, etc;

• Case law developments, for example: the right to be forgotten; Schrems EU-US Safe Harbour; DRI; Bărbulescu; private investigators, Snowden issues, etc;

• Increasing litigation and prosecution of data protection breaches;

• The new tools of compliance, risk reduction, risk assessments including mandated reviews with the Data Protection Commissioner of risk-based proposed new services, and new Data Protection Impact Assessments;

• Data breaches and data loss (from Loyalty Build to Ashley Madison to Panama);

• Mandated notification of security data breaches;

• Employee monitoring and data protection;

• Significant new fines for data protection violations.

Data Protection Law in Ireland: Sources and Issues, Second Edition, provides a detailed analysis of the new developments, procedures, rights and obligations.

Contents include:

Part 1: Data Protection

1:  Data Protection

2:  The Definitions of Data Protection

3:  Instruments of Data Protection

4:  Data Protection Principles

5:  Processing Pre-Conditions: Prior Info Requirements

6:  Legitimate Processing Conditions

7:  Exemptions

8:  Individual Data Subject Rights

9:  Notification and Registration

10: Enforcement and Penalties for Non-Compliance

11: Security of Personal Data

12: Outsourcing and Processors

Part 2: The New Data Protection Regime

13: The New Data Protection Regime Introduced

14: Background and Context

15: Rules and Issues

16: Reaction to New Regulation

17: The New Regime in Details

18: New Data Protection Officer

19: Security and Data Breach

20: Data Protection Impact Assessment

21: Privacy by Design, Data Protection by Design, Data Protection as Default

Part 3: Organisations and Inward-Facing Obligations

22: Processing Employee Personal Data

23: Employee Data Protection Rights

24: Employee Considerations

25: Case Studies

Part 4: Organisations and Outward-Facing Obligations

26: Outward Facing Issues

27: Outward Facing Rights

28: Outward Facing Data Protection by Design and by Default

29: ePrivacy and Electronic Communications

30: Cookies and Electronic Communications

31: Electronic Direct Marketing and Spam

32: Trans-Border Data Flows/Transfers of Personal Data

33: Case Studies

Part 5: New Issues

34: New Issues