Data Protection Act 2018 (Section 159(7): Superior Courts) Rules 2018

• Jurisdiction: Ireland
• Citation: IR SI 660/2018
• 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(7), 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. (1) These Rules, which may be cited as the Data Protection Act 2018 (Section 159(7): Superior Courts) Rules 2018, shall come into operation on the 1st day of August 2018.

(2) These rules shall apply to proceedings commenced on or after the 1st day of August 2018.

Interpretation

2. In these Rules:

“2018 Act” means the Data Protection Act 2018 ;

“court record” means a record of proceedings before 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.

Disclosure requests

3. (1) Subject to section 159(8)(a) of the 2018 Act, to any order made or direction given by the court in the proceedings concerned and to rule 4:

(a) at the request of a bona fide member of the Press or broadcast media (in this rule and rule 4, “the requester”) made to a person mentioned in sub-rule (2) (in this rule, “the person requested”), a disclosure of information, including personal data within the meaning of the Data Protection Regulation and the Directive, contained in a court record may be made...