Data Protection Act 2018 (Section 159(7): Circuit Court) Rules 2018

• Jurisdiction: Ireland
• Year: 2018
• Citation: IR SI 662/2018

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(7), 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. (1) These Rules, which may be cited as the Data Protection Act 2018 (Section 159(7): Circuit Court) 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 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.

Disclosure requests

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

(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 to the requester by the person requested, for the purpose of facilitating the fair and...