Data Protection Act 2018

Changes to legislation: as of 12 September 2024, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the Data Protection Act 2018. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Gas (Amendment) and Miscellaneous Provisions Act 2024 (11/2024), enacted 1 May 2024, and all statutory instruments up to and including the Representative Actions for the Protection of the Collective Interests of Consumers Act 2023 (Commencement) Order 2024 (S.I. No. 181 of 2024), made 30 April 2024, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

Number 7 of 2018

DATA PROTECTION ACT 2018

Updated to 30 April 2024

Preliminary and General

Data Protection Commission

Data Protection Regulation

Processing of special categories of personal data and processing of personal data relating to criminal convictions and offences

Rights, and restrictions of rights, of data subject and restrictions on obligations of controllers

Provisions Consequent on Repeal of Certain Provisions of Data Protection Act 1988

Processing of Personal Data for Law Enforcement Purposes

Preliminary and general (Part 5)

General principles of data protection

Obligations of controllers and processors

Rights, and restriction of rights, of data subject (Part 5)

Transfers of personal data to third countries or international organisations

Independent supervisory authority

Enforcement of Data Protection Regulation and Directive

Enforcement of Data Protection Regulation

Enforcement of Directive

Inspection, Audit and Enforcement

Amendments of other Acts of Oireachtas

Statutory Instruments Revoked

Data Protection Commission

Provisions Applicable to Oral Hearing Conducted by an Authorised Officer Under Section 138

Acts Referred to

Data Protection Acts 1988 and 2003

Data Protection Acts 1988 to 2003

Prisons Acts 1826 to 2015

Number 7 of 2018

DATA PROTECTION ACT 2018

Updated to 30 April 2024

An Act to establish a body to be known as An Coimisiún um Chosaint Sonraí or, in the English language, the Data Protection Commission; to give further effect to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 1 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); to give effect to Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 2 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA; to give further effect to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data done at Strasbourg on the 28th day of January 1981 and for those and other purposes to amend the Data Protection Act 1988; to provide for the consequential amendment of certain other enactments; and to provide for related matters.

[24th May , 2018]

Be it enacted by the Oireachtas as follows:

Annotations

Editorial Notes:

Act is a relevant enactment for purposes of Representative Actions for the Protection of the Collective Interests of Consumers Act 2023 as provided (30.04.2024) by Representative Actions for the Protection of the Collective Interests of Consumers Act 2023 (22/2023), s. 2 and sch. part 1, S.I. No. 181 of 2024.

Personal data may be supplied in certain circumstances as provided (9.03.2022) by European Union (Good Agricultural Practice for Protection of Waters) Regulations 2022 (S.I. No. 113 of 2022), art. 2.

Personal data may be exchanged in certain circumstances as provided (17.12.2020) by European Union (Imports of Animals and Animal Products from Third Countries) Regulations 2020 (S.I. No. 656 of 2020), reg. 38.

Personal data may be exchanged in certain circumstances as provided (3.12.2020) by European Union (Official Controls in relation to Food Legislation) (Imports of Food of Non-Animal Origin) Regulations 2020 (S.I. No. 575 of 2020), reg. 4(3).

Personal data may be exchanged in certain circumstances as provided (23.10.2020) by European Union (Plant Health) Regulations 2020 (S.I. No. 459 of 2020), reg. 73(1).

Personal data may be exchanged in certain circumstances as provided (13.03.2020) by European Union (Official Controls in Relation to Food Legislation) Regulations 2020 (S.I. No. 79 of 2020), reg. 3(5).

Personal data may be exchanged in certain circumstances as provided (1.10.2020) by Greyhound Racing Act 2019 (15/2019), s. 58, S.I. No. 399 of 2020.

Personal data may be exchanged in certain circumstances as provided (27.01.2020) by European Union (Food and Feed Hygiene) Regulations 2020 (S.I. No. 22 of 2020), reg. 22.

Personal data may be exchanged in certain circumstances as provided (14.01.2020) by European Union (Temporary Increase of Official Controls and Emergency Measures on Imports of Food and Feed of Non-Animal Origin) Regulations 2020 (S.I. No. 9 of 2020), reg. 20.

Personal data may be exchanged in certain circumstances as provided by European Communities (Sustainable Use of Pesticides) Regulations 2012 (S.I. No. 155 of 2012), reg. 11(8) as substituted (29.08.2019) by European Communities (Sustainable Use of Pesticides) (Amendment) Regulations 2019 (S.I. No. 438 of 2019), reg. 2(e).

Personal data be exchanged in certain circumstances as provided (19.12.2019) by European Union (Food and Feed Hygiene) Regulations 2019 (S.I. No. 674 of 2019), reg. 22.