The Data Protection Acts and the GDPR: A Commentary

The book acts as a 'first port of call' for practitioners in data protection. This is the first, and, to date, the only text which provides a consolidated text of the existing data protection laws in this jurisdiction covering European source material, related EU secondary law, and the Charter. It is also the only text to provide a consolidated and annotated legislative guide of this type with integrated consideration of CJEU and Irish court decisions on a section-by-section basis which will be of immense use to practitioners in the areas of EU law, ECHR law and Financial Regulation. The book provides a guide not simply to compliance or management of GDPR risks on an inhouse or institutional basis, or a general narrative guide to data protection law, but instead, a discrete and targeted resource for those interacting with data protection law in legislation, and seeking to navigate its interaction with European and Irish court decisions and the provisions of the Charter of Fundamental Rights and EU secondary laws.

This practitioner-led text provides annotated and consolidated versions of the Data Protection Acts and further relevant data protection legislation or amendments. The book covers important decisions of Kaminski v Ballymaguire Foods Limited [2023] IECC 5, Case C-300/21 - UI v Österreichische Post AG and the decision of the English Supreme Court in Lloyd v Google LLC [2021] UKSC 50. It deals with data breaches and CCTV as raised in the decision of the Irish Court of Appeal in Doolin v The Data Protection Commissioner and Our Lady's Hospice and Care Services [2022] IECA 117 and the Circuit Court decision in McVann v Data Protection Commissioner [2023] IECC 3. The complexity and ongoing developments in this one area are indicative of the complexity of data protection law in Ireland and this text guides practitioners through its various provisions, their interpretation and application.