The Data Protection Acts and the GDPR: A Commentary

Author: Róisín Á Costello; James Kneale
Publisher: Bloomsbury Professional (formerly Tottel Publishing)
ISBN: 9781526530875
Published In: April 2027
Format: Paperback
Jurisdiction: Ireland ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

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.

INTRODUCTION

Part One: The Data Protection Act 2018

This Act has 232 sections. While not all of these sections will require thorough analysis (e.g. sections 1-8), the layout for each section “chapter” would follow the model below.

Section 117

1.1 Consolidated text of the section

1.2 Relevant Articles and Recitals of the GDPR

1.2.1 Article 82 GDPR

1.2.2 Recital 146

1.2.3 Recital 147

1.3 Other Relevant EU Secondary Laws

1.3.1 Article 34 Data Governance Act

1.4 Application and Interpretation by the CJEU

1.5 Application and Interpretation by the Irish Courts

1.6 Suggested Bibliography

Part Two: The Data Sharing and Governance Act 2019