April
2003 - New legislation amending Irish Data Protection Law
has come into force
On
the 10th April 2003 the Data Protection (Amendment) Act
2003 was signed into law. This new amending legislation
substantially updates the Data Protection Act 1988 and gives
full effect to the provisions of the EU Data Protection
Directive (95/46/EC).
Among
the important changes are the following:
- The
data protection principles contained in the 1988 Act has
been modified and extended.
- There
are new rules governing the use of personal data for direct
marketing purposes.
-
The transfer of personal data to countries outside the
EEA will be subject to new controls.
-
The rights of access by individuals to their personal
data are strengthened.
- The
powers of the Data Protection Commissioner have been extended.
- There
are new requirements for annual registration with the
Data Protection Commissioner.
- The
requirements regarding keeping personal data secure are
strenghtened.
-
Any businesses outsourcing the processing of personal
data (e.g. payroll) will have to have an appropriate contract
in place with the data processor concerned.
The
orders to commence the main provisions of the Act with effect
from the 1st July 2003 are in the course of being drafted
by the Department of Justice, Equality and Law Reform.
The
new rules governing the requirement to register annually with
the Data Protection Commissioner may by postponed to enable
a public consultation to take place.
For
further information or general enquiries contact: -
Patrick Ryan
Email: pryan@kilroys.ie
Telephone: +3531-439 5600
Fax: +3531-439 5601/439 5602
© Kilroys Solicitors 2003
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