Privacy

Ireland is continuing to act as an "enforcement bottleneck" for the GDPR, the Irish Council for Civil Liberties (ICCL) has said. In a new report published today, ICCL said Ireland's Data Protection Commission (DPC) is failing to enforce the GDPR against Big Tech despite an increase in resources.

McCann FitzGerald partners Rosaleen Byrne and Amy Brick and associate Louise Mitchell examine the first CJEU judgment to address the question of non-material damage under Article 82 of the General Data Protection Regulation. As set out in our previous briefing Compensation in Data Breach Claims &nda

Most Irish organisations believe the GDPR is in need of reform as compliance is too expensive and difficult, according to a survey published by McCann FitzGerald LLP and Mazars. The two companies have published their latest annual survey on the impact and success of the GDPR, which comes five years

Ireland and other EU countries must overhaul their approach to making technology law to achieve cybersecurity while safeguarding the fundamental rights to privacy and data protection, according to the author of a new book. Trinity College Dublin this week hosted a launch event for Cybersecurity, Pri

Irish tax authorities may be forced to stop publishing a quarterly list of tax defaulters following a recent European Court of Human Rights (ECtHR) judgment, according to reports. The government is examining the implications of the court's ruling in L.B. v Hungary, no. 36345/16 on 9 March 2023, in w

TikTok has been fined £12.7 million for a number of breaches of data protection law by the UK regulator, including failing to use children's personal data lawfully. The Information Commissioner’s Office (ICO) estimates that TikTok allowed up to 1.4 million UK children under 13 to use its

ChatGPT, the advanced AI-powered chatbot which has taken the world by storm, has been banned in Italy on the orders of the country's data protection authority. In a statement issued on Friday, Italian regulator Garante Privacy said ChatGPT's US operator OpenAI was not transparent about its collectio

The Supreme Court has held that the seizure of computer devices from an accused murderer’s home was unlawful in circumstances where gardaí failed to seek authority from the District Court when applying for a search warrant. While the gardaí always intended to search the digital c

Ireland's Data Protection Commission (DPC) imposed punitive fines of over €1 billion last year, more than two-thirds of all fines issued across the European Union. The watchdog's 2022 annual report also details multiple reprimands and/or compliance orders supervised and enforced following the c

Google has reversed a decision to remove search results relating to a man's serious criminal conviction in Ireland under "right to be forgotten" laws. The search giant had removed links relating to the 2010 conviction of Mark McCormick, who admitted to running six brothels in Dublin and was sentence

The High Court has granted leave to Bank of Ireland to lodge a tender in proceedings on condition that the tender only becomes effective after the conclusion of the discovery process. The lodgement application had been made after the discovery process had begun and the bank claimed that it wished to

Mark D Finan BL and Rose Caroline McGrath BL explore a new development in litigation seeking damages arising from data breaches in Ireland. Data Protection Day 2023 brought a new development in litigation seeking damages arising from data breaches in Ireland pursuant to Article 82 GDPR and s.117 Dat

The Circuit Court has granted a stay on a plaintiff’s proceedings against Fastway Couriers for damages arising from a GDPR breach until the determination of preliminary references by the Court of Justice of the European Union (CJEU). The defendants brought the application claiming that the pre

WhatsApp has said it will appeal a decision by Ireland's Data Protection Commission (DPC) to impose a €5.5 million fine for forcing users to consent to the processing of their personal data for service improvement and security. A spokesperson for the messaging platform, which is already challen

Ireland's privacy watchdog is facing a court battle over its "untenable" decision that a Facebook data leak did not amount to a data breach. The Data Protection Commission (DPC) last year imposed a €265 million fine on Meta Platforms Ireland Limited (MPIL) following its investigation into the d