Data Protection Act 2018 (Section 159(2)) Rules 2018

• Jurisdiction: Ireland
• Citation: IR SI 661/2018
• Year: 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th April, 2019.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act 1936 , by virtue of the powers conferred on us by the Data Protection Act 2018 , section 159(2), and of all other powers enabling us in this behalf, do hereby make the following Rules.

Dated this 17th day of July 2018.

(Signed): Raymond Groarke

(Chairman of the Circuit Court Rules Committee)

Jacqueline Linnane

Sarah Berkeley

Fiona Duffy Coady

Ronan Boylan

Mairead Ahern

Rita Considine

Noel Rubotham

Citation and entry into force

1. These Rules, which may be cited as the Data Protection Act 2018 (Section 159(2)) 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 the Circuit Court, when acting in a judicial capacity, is a controller,

and

(b) which are personal data that are contained in a record of the Circuit 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 the Circuit Court;

“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 the Circuit Court is the controller, “judge”, in the case of any proceedings which have not been heard by any judge of the Circuit Court or, in any case where the judge concerned is no longer a member of the Circuit Court, shall mean the Judge or Senior Judge for the time being assigned to the Circuit in which the proceedings would be heard or, as the case may be, were heard;

“Processor” means a processor of personal data of which the Circuit Court 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 the Circuit Court 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 the Circuit Court or Judge of the Circuit 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 the Circuit Court, or any other person, in and, subject to any order of the Court, retained in, a court record, in accordance with the provisions of statute, the Circuit Court Rules, any applicable practice direction of the President of the Circuit Court and any order of the Circuit 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 Circuit Court concerned or by a contractor of the Courts Service notified to the President of the Circuit Court, at premises or in a system used by the Courts Service or, as the case may be, by that contractor.

(4) A Processor may collect, record...