Flanagan announces commencement of Data Protection Act 2018

Speaking following the commencement of the Act, Mr Flanagan (pictured) said: “I am delighted to announce the commencement of the Data Protection Act 2018. The Act gives effect to the limited areas of flexibility permitted under the GDPR, transposes the law enforcement Directive into Irish law, replaces the Data Protection Commissioner with a Data Protection Commission and provides for consequential amendments to a number of Acts.

“I am confident that the GDPR and this legislation will serve to make our data protection laws fit for purpose in the digital age. Article 8 of the EU Charter of Fundamental Rights provides simply that “everyone has the right to the protection of personal data concerning him or her”. The GDPR and this Act seek to make that a reality.

“Our current law, based on the European Union’s 1995 data protection directive, predates mass internet usage, hand held devices, apps and games, social networking and data analytics, all of which involve the collection and processing of our personal data, often for purposes that are opaque and largely unknown to us. The GDPR and this Act will strengthen our control over our own personal data and the purposes for which it may be used.”

The signing of the Orders means that the Data Protection Act, other than sections 7(3) (in so far as it relates to Statutory Instrument No. 95 of 1993 in so far as those Regulations apply to the Central Bank), 25, 30 and 176(b), will be in force today. In addition, the Data Protection Commission will be established with effect from today.