Data Protection Act 2018 (Section 159(4)) Rules 2018

• Jurisdiction: Ireland
• Citation: IR SI 665/2018
• Year: 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th April, 2019.

We, being the panel nominated by the Chief Justice pursuant to section 158 (6) of the Data Protection Act 2018 , by virtue of the powers conferred on us by section 159 (4) of the Data Protection Act 2018 , do hereby make the following Rules.

Dated this 19th day of July 2018.

John A. Edwards

David Barniville

Marie Quirke

Citation and entry into force

1. These Rules, which may be cited as the Data Protection Act 2018 (Section 159(4)) 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) apply to the processing of personal data —

(a) of which a judge or court, when acting in a judicial capacity, is a controller, and

(b) which are not personal data contained in a record of a 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 ;

“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, references to a judge or court are references to that judge or court when acting in a judicial capacity and “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 —

(a) the Chief Justice in relation to a judge of the Supreme Court,

(b) the President of the Court of Appeal in relation to a judge of the Court of Appeal,

(c) the President of the High Court in relation to a judge of the High Court,

(d) the President of the Circuit Court in relation to a judge of the Circuit Court, and

(e) the President of the District Court in relation to a judge of the District Court;

“Processor” means a processor of personal data of which a 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 notified to the president of the court concerned by the Courts Service (including any employee or person working under the direction of such contractor) who is processing personal data of which a 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 processes personal data on behalf of any court or judge of a 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...