Data Protection (Ireland) Act 2018

• Jurisdiction: Ireland
• Citation: IR No. 7/2018
• Year: 2018

• Full Act
• Act by Section
• Act As Enacted
• Amendments
• PDF annotated
• PDF unannotated

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Number 7 of 2018

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DATA PROTECTION ACT 2018

REVISED

Updated to 25 July 2022

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This Revised Act is an administrative consolidation of the Data Protection Act 2018. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Electoral Reform Act 2022 (30/2022), enacted 25 July 2022, and all statutory instruments up to and including the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 4) (Calculation of Means) Regulations 2022 (S.I. No. 431 of 2022), made 26 July 2022, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

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Number 7 of 2018

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DATA PROTECTION ACT 2018

REVISED

Updated to 25 July 2022

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Data Protection Acts 1988 to 2018: this Act is one of a group of Acts included in this collective citation (Data Protection Act 2018 (s. 1(2)). The Acts in the group are:

• Data Protection Act 1988 (25/1988)

• Data Protection Act 2003 (6/2003)

• Data Protection Act 2018 (7/2018)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Electoral Reform Act 2022 (30/2022)

• Greyhound Racing Act 2019 (15/2019)

• Data Sharing and Governance Act 2019 (5/2019)

• Public Service Superannuation (Age of Retirement) Act 2018 (39/2018)

All Acts up to and including Electoral Reform Act 2022 (30/2022), enacted 25 July 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Data Protection Act 2018 (Section 60(6)) (Office of the Ombudsman) Regulations 2022 (S.I. No. 221 of 2022)

• Data Protection Act 2018 (Access Modification) (Health) Regulations 2022 (S.I. No. 121 of 2022)

• European Union (Enforcement of data subjects' rights on transfer of personal data outside the European Union) Regulations 2021 (S.I. No. 297 of 2021)

• Data Protection Act 2018 (Section 36(2)) (Health Research) (Amendment) Regulations 2021 (S.I. No. 18 of 2021)

• European Union (Imports of Animals and Animal Products from Third Countries) Regulations 2020 (S.I. No. 656 of 2020)

• European Union (Official Controls in relation to Food Legislation) (Imports of Food of Non-Animal Origin) Regulations 2020 (S.I. No. 575 of 2020)

• Data Protection Act 2018 (section 60(6)) (Central Bank of Ireland) Regulations 2020 (S.I. No. 534 of 2020)

• European Union (Plant Health) Regulations 2020 (S.I. No. 459 of 2020)

• European Union (Official Controls in Relation to Food Legislation) Regulations 2020 (S.I. No. 79 of 2020)

• European Union (Food and Feed Hygiene) Regulations 2020 (S.I. No. 22 of 2020)

• European Union (Temporary Increase of Official Controls and Emergency Measures on Imports of Food and Feed of Non-Animal Origin) Regulations 2020 (S.I. No. 9 of 2020)

• European Union (Food and Feed Hygiene) Regulations 2019 (S.I. No. 674 of 2019)

• Data Protection Act 2018 (Commencement) (No. 2) Order 2019 (S.I. No. 570 of 2019)

• Data Protection Act 2018 (section 60(6)) (Central Bank of Ireland) Regulations 2019 (S.I. No. 537 of 2019)

• Data Protection Act 2018 (Commencement) Order 2019 (S.I. No. 532 of 2019)

• Data Protection Act 2018 (Section 36(2)) (Health Research) (Amendment) Regulations 2019 (S.I. No. 188 of 2019)

• Data Protection Act 2018 (Section 159(4)) Rules 2018 (S.I. No. 665 of 2018)

• Data Protection Act 2018 (Section 159(7): District Court) Rules 2018 (S.I. No. 664 of 2018)

• Data Protection Act 2018 (Section 159(3)) Rules 2018 (S.I. No. 663 of 2018)

• Data Protection Act 2018 (Section 159(7): Circuit Court) Rules 2018 (S.I. No. 662 of 2018)

• Data Protection Act 2018 (Section 159(2)) Rules 2018 (S.I. No. 661 of 2018)

• Data Protection Act 2018 (Section 159(7): Superior Courts) Rules 2018 (S.I. No. 660 of 2018)

• Data Protection Act 2018 (Section 159(1)) Rules 2018 (S.I. No. 659 of 2018)

• Data Protection Act 2018 (Section 158(3)) Rules 2018 (S.I. No. 658 of 2018)

• Data Protection Act 2018 (Section 36(2)) (Health Research) Regulations 2018 (S.I. No. 314 of 2018)

• Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018)

• Data Protection Act 2018 (Commencement) Order 2018 (S.I. No. 174 of 2018)

• European Communities (Sustainable Use of Pesticides) Regulations 2012 (S.I. No. 155 of 2012)

All statutory instruments up to and including Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 4) (Calculation of Means) Regulations 2022 (S.I. No. 431 of 2022), made 26 July 2022, were considered in the preparation of this revision.

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Number 7 of 2018

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DATA PROTECTION ACT 2018

REVISED

Updated to 25 July 2022

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Acts Referred to

Animal Health and Welfare Act 2013 (No. 15)

Bankruptcy Act 1988 (No. 27)

British-Irish Agreement Act 1999 (No. 1)

Central Bank Act 1942 (No. 22)

Central Bank Act 1997 (No. 8)

Chemicals Act 2008 (No. 13)

Children Act 2001 (No. 24)

Civil Registration Act 2004 (No. 3)

Civil Service Regulation Act 1956 (No. 46)

Comhairle Act 2000 (No. 1)

Commission To Inquire Into Child Abuse Act 2000 (No. 7)

Commissions of Investigation Act 2004 (No. 23)

Communications (Retention of Data) Act 2011 (No. 3)

Communications Regulation (Postal Services) Act 2011 (No. 21)

Companies Act 2014 (No. 38)

Competition Act 2002 (No. 14)

Comptroller and Auditor General (Amendment) Act 1993 (No. 8)

Consumer Credit Act 1995 (No. 24)

Control of Clinical Trials Act 1987 (No. 28)

Credit Union and Co-operation with Overseas Regulators Act 2012 (No. 40)

Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (No. 11)

Criminal Justice (Miscellaneous Provisions) Act 2009 (No. 28)

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6)

Criminal Justice (Mutual Assistance) Act 2008 (No. 7)

Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (No. 4)

Customs Act 2015 (No. 18)

Data Protection (Amendment) Act 2003 (No. 6)

Data Protection Act 1988 (No. 25)

Data Protection Acts 1988 and 2003

Data Protection Acts 1988 to 2003

Defence Act 1954 (No. 18)

Dentists Act 1985 (No. 9)

Disability Act 2005 (No. 14)

Dormant Accounts Act 2001 (No. 32)

Education (Welfare) Act 2000 (No. 22)

Education Act 1998 (No. 51)

Electoral (Amendment) Act 2006 (No. 33)

Electoral Act 1992 (No. 23)

Electricity Regulation Act 1999 (No. 23)

European Parliament Elections Act 1997 (No. 2)

Europol Act 2012 (No. 53)

Financial Services and Pensions Ombudsman Act 2017 (No. 22)

Firearms (Firearm Certificates For Non-Residents) Act 2000 (No. 20)

Firearms Act 1925 (No. 17)

Firearms and Offensive Weapons Act 1990 (No. 12)

Freedom of Information Act 2014 (No. 30)

Health (Alteration of Criteria for Eligibility) Act 2013 (No. 10)

Health (Corporate Bodies) Act 1961 (No. 27)

Health (Provision of Information) Act 1997 (No. 9)

Health (Repayment Scheme) Act 2006 (No. 17)

Health Act 2004 (No. 42)

Health Identifiers Act 2014 (No. 15)

Health Insurance Act 1994 (No. 16)

Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 (No. 10)

Interpretation Act 2005 (No. 23)

Irish Aviation Authority Act 1993 (No. 29)

Irish Medicines Board Act 1995 (No. 29)

Local Government Act 2001 (No. 37)

Medical Practitioners Act 1978 (No. 4)

Medical Practitioners Act 2007 (No. 25)

Merchant Shipping (Investigation of Marine Casualties) Act 2000 (No. 14)

Ministers and Secretaries (Amendment) Act 2011 (No. 10)

Misuse of Drugs Act 1977 (No. 12)

National Asset Management Agency Act 2009 (No. 34)

National Shared Services Office Act 2017 (No. 26)

Nursing Homes Support Scheme Act 2009 (No. 15)

Official Languages Act 2003 (No. 32)

Passports Act 2008 (No. 4)

Personal Injuries Assessment Board Act 2003 (No. 46)

Personal Insolvency Act 2012 (No. 44)

Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c.93)

Pharmacy Act 2007 (No. 20)

Planning and Development Act...