Data Protection Act 2018 (Section 159(1)) Rules 2018

• Jurisdiction: Ireland
• Citation: IR SI 659/2018
• Year: 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th April, 2019.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act 1953 , section 15, by virtue of the powers conferred upon us by the Data Protection Act 2018 , section 159(1), and of all other powers enabling us in this behalf, do hereby make the following Rules.

Dated this 11th day of June 2018.

Frank Clarke

George Birmingham

Peter Kelly

Elizabeth Dunne

Michael Peart

Anthony Barr

Stuart Gilhooly

Liam Kennedy

Noel Rubotham

Mary Cummins

John Mahon

Citation and entry into force

1. These Rules, which may be cited as the Data Protection Act 2018 (Section 159(1)) Rules 2018, shall come into operation on the 1st day of August 2018.

Scope

2. These Rules (being processing rules, within the meaning of section 159(9) of the 2018 Act) shall apply to the processing of personal data:

(a) of which a superior court of record, when acting in a judicial capacity, is a controller, and

(b) which are personal data contained in a record of that court,

where such personal data are processed on behalf of such controller by any processor, including any other processor engaged by a processor for carrying out specific processing activities on behalf of the controller.

Interpretation

3. (1) In these Rules:

“2018 Act” means the Data Protection Act 2018 ;

“court record” means a record of a superior court of record;

“Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

“Directive” means Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA;

in relation to personal data of which a court is the controller, “judge” , in the case of any proceedings the hearing of which has not been assigned to any judge or panel of judges or, in any case where the judge concerned is no longer a member of that court or the panel concerned can no longer be constituted, shall mean the Chief Justice in relation to a judge of the Supreme Court, the President of the Court of Appeal in relation to a judge of the Court of Appeal or, as the case may be, the President of the High Court in relation to a judge of the High Court;

“Processor” means a processor of personal data of which a superior court of record is the controller and includes without limitation, any court officer, any member of the staff of the Courts Service for the time being employed in a court office and any contractor of the Courts Service (including any employee or person working under the direction of such contractor) who is processing personal data of which a superior court of record is the controller.

(2) In these Rules, save as expressly provided otherwise, terms defined in the Data Protection Regulation or the Directive shall have the meanings given to them in the Data Protection Regulation or, as the case may be, the Directive.

Processing of personal data

4. (1) Where a Processor shall process personal data on behalf of any superior court of record or judge of such court, the subject matter, duration, nature and purpose of the processing, the type of personal data to be processed and the categories of data subjects to whom the personal data relate shall be as set out in this rule.

Subject matter of processing

(2) The subject matter of processing to which these Rules apply consists of personal data included, by or on behalf of a party to proceedings before a court, or any other person, in and, subject to any order of the court concerned, retained in, a court record, in accordance with the provisions of statute, the Rules of the Superior Courts, any applicable practice direction of the court concerned and any order of that court, for the purposes of the conduct of those proceedings.

(3) Personal data contained in a court record may be held securely in hard copy or in electronic form by a court officer or member of the staff of the Courts Service for the time being employed in a court office at an office of or attached to the court...