Act 2018 (Section 158(3)) Rules 2018 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the

being satisfied: (i) that it is necessary to make Rules for the purpose of ensuring the effective application of restrictions of the rights

obligations provided for in— (a) Articles 12 to 22

Article 34

,

Article 5

in so far as any of its provisions correspond to the rights

obligations in Articles 12 to 22,

(b) sections 87, 90, 91, 92

93,

section 71 in so far as it relates to those sections;

(ii) that such restrictions, as applied by the Rules hereinafter mentioned, are necessary

proportionate to safeguard judicial independence

court proceedings, do hereby make the following Rules. Dated this 18th day of July 2018. John A. Edwards David Barniville Marie Quirke Citation

entry into force 1. These Rules, which may be cited as the Data Protection Act 2018 (Section 158

(ii) apply to the processing of personal data referred to in rule 3 which takes place on or after, the 1st day of August 2018. Interpretation 2.

forming part of the file or record of the proceedings before the court but does not include notes taken by or for a judge, or communications with, by or on behalf of a judge performing a judicial function in respect of such proceedings

not intended by the judge to form part of such file or record; “Courts Service” means the body established by section 4

of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data

on the free movement of such data,

repealing Directive 95/46/EC (General Data Protection Regulation); “proceedings” means proceedings before a court,

“civil proceedings”

“criminal proceedings” shall be construed accordingly.

without prejudice to the generality of the foregoing shall include the processing of: (

1. i)personal data (
2. a)delivered to or by a court, judge, court office or court officer, or (
3. b)held by a court, judge, court office or court officer, or (
4. c)issued by a court, judge, court office or court officer, for the purposes of or in connection with proceedings, or the performance of a judicial function, or (as the case may
5. be)the performance by a court officer in civil proceedings of limited functions of a judicial nature conferred on that officer by law,

which forms or will form part of a court record;

(

1. ii)personal data created or held by (
2. a)a judge or a court officer or other person performing functions under the direction of a judge, or (
3. b)a court officer performing limited functions of a judicial nature conferred on that officer by law or a court officer or other person performing functions under the direction of such officer, for the purposes of or in connection with proceedings, or the performance of a judicial function, or (as the case may
4. be)the performance in civil proceedings of limited functions of a judicial nature conferred by law,

which does not form part of a court record. Restrictions 4. In accordance with section 158

for the purposes of section 158

34 (

Article 5

in so far as its provisions correspond to the rights

obligations provided for in Articles 12 to 22) of the Data Protection Regulation

sections 87, 90, 91, 92

93,

section 71 insofar as it relates to those sections, of the 2018 Act shall not apply to the processing of any personal data referred to in rule 3 of these Rules. Provision of Information 5. The following information specified in Articles 13

14 of the Data Protection Regulation

section 90 of the 2018 Act shall be made publicly available by way only of general notice published on behalf of the courts in their capacity as data controllers on the Courts Service website: Where personal data are collected from the data subject Article 13.1(a) of the Data Protection Regulation

section 90

section 90

(

1. f)of the 2018 Act (
2. ii)that personal data are processed by

on behalf of the courts for the purposes of the performance by the courts of their functions under the Constitution

law, as interpreted in the decisions of the courts,

the fact that the legal basis for such processing is provided for in the Constitution, in statute, (principally but without limitation the Courts of Justice Acts 1924 to 2014, the Courts (Supplemental Provisions) Acts 1961 to 2017

, in the case of a Special Criminal Court, Part V of the Offences against the State Act 1939 )

otherwise in law; Article 13.1(e) of the Data Protection Regulation

section 90

accurate reporting of a hearing in the proceedings, to a bona fide member of the Press or broadcast media at the member’s request in accordance with section 159

rules made thereunder,

that in accordance with the requirements of Article 34 of the Constitution, proceedings are generally held in public save in such special

limited cases as may be prescribed by law; Article 13.1(f) of the Data Protection Regulation

section 90

criminal justice mutual assistance

where the transcription of digital audio records of proceedings is carried out for the Courts Service in a third country) be transferred to a third country

that where same occurs in the absence of an adequacy decision pursuant to Article 45.3 of the Data Protection Regulation, the appropriate or suitable safeguards pursuant to Article 46 of the Data Protection Regulation which have been provided

the means by which to obtain a copy of them or where they have been made available; Article 13.2(a) of the Data Protection Regulation

section 90

records of proceedings are therefore liable to be retained

preserved in accordance with

subject to section 7 of that Act

transferred to the National Archives in accordance with

subject to section 8 of that Act; Article 13.2(b) of the Data Protection Regulation

section 90

, for the avoidance of doubt, that no such rights are exercisable in respect of personal data referred to in rule 3(ii), which data remain confidential

immune from production; Article 13.2(b) of the Data Protection Regulation

section 90

may be exercised only by the means available to such party to request rectification of a court record (including generally by application under the “slip rule” applicable in the relevant court)

, for the avoidance of doubt, that no such rights are exercisable in respect of personal data referred to in rule 3(ii), which remain confidential

immune from production; Article 13.2(e) of the Data Protection Regulation

section 90

law; where the personal data is provided by a plaintiff, applicant or moving party in civil proceedings or by a complainant in criminal proceedings, it is essentially provided voluntarily

with the intention of, or directed towards, seeking a remedy in the proceedings

failure to provide it may diminish the prospects of securing that remedy; where the personal data is provided by a defendant or respondent in civil proceedings or by an accused in criminal proceedings, it is essentially provided voluntarily

with the intention of, or directed towards, defending the proceedings

failure to provide it may diminish the prospects of successfully defending the proceedings

may also involve a risk of being found in default of defence; where the personal data is provided under a summons to give evidence in any proceedings, it is essentially provided under compulsion

failure to provide it may render the person liable to be summoned in contempt of court; Article 13.3 of the Data Protection Regulation

section 160 of the 2018 Act (

1. ix)that personal data held by courts may be further processed for purposes connected with the administration of justice, including the publication of a judgment or decision of a court, or of a list or schedule of proceedings or hearings in proceedings; Article 13.3 of the Data Protection Regulation (
2. x)that personal data held by courts may be further processed for purposes connected with the efficient management

operation of the courts, including statistical analysis, but further processing for statistical analysis purposes will be subject to technical

organisational measures in order to ensure respect for the principle of data minimisation, (

for the avoidance of doubt, that the courts do not permit data held by them to be used by third parties for marketing or other commercial purposes); Where personal data have not been obtained from the data subject Article 14.1(a) of the Data Protection Regulation

section 90

section 90

(f) of the 2018 Act (xii) that personal data are processed by

on behalf of the courts for the purposes of the performance by the courts of their functions under the Constitution

law, as interpreted in the decisions of the courts,

the fact that the legal basis for such processing is provided for in the Constitution, in statute (principally but without limitation the Courts of Justice Acts 1924 to 2014, the Courts (Supplemental Provisions) Acts 1961 to 2017

, in the case of a Special Criminal Court, Part V of the Offences against the State Act 1939 )

otherwise in law; Article 14.1(d) of the Data Protection Regulation

section 90

the content of pleadings

other court documents lodged, exchanged or issued,

of evidence given

submissions made in, those proceedings; Article 14.1(e) of the Data Protection Regulation

section 90

accurate reporting of a hearing in the proceedings, to a bona fide member of the Press or broadcast media at the member’s request in accordance with section 159

rules made thereunder,

that in accordance with the requirements of Article 34 of the Constitution, proceedings are generally held in public save in such special

limited cases as may be prescribed by law; Article 14.1(f) of the Data Protection Regulation

section 90

criminal justice mutual assistance

where the transcription of digital audio records of proceedings is carried out for the Courts Service in a third country) be transferred to a third country

that where same occurs in the absence of an adequacy decision pursuant to Article 45.3 of the Data Protection Regulation, the appropriate or suitable safeguards pursuant to Article 46 of the Data Protection Regulation which have been provided

the means by which to obtain a copy of them or where they have been made available; Article 14.2(a) of the Data Protection Regulation

section 90

records of proceedings are therefore liable to be retained

preserved in accordance with

subject to section 7 of that Act

transferred to the National Archives in accordance with

subject to section 8 of that Act; Article 14.2(c) of the Data Protection Regulation

section 90

, for the avoidance of doubt, that no such rights are exercisable in respect of personal data referred to in rule 3(ii), which data remain confidential

immune from production; Article 14.2(f) of the Data Protection Regulation (xviii) that the source from which personal data originate in proceedings is usually a party to those proceedings (who may rely in his, her or its pleadings

documents submitted to the court on other, including publicly accessible sources), a person summoned to give evidence before the court by a party to the proceedings, or a person, not being a party to the proceedings, who is required to provide discovery in the proceedings; Article 14.4 of the Data Protection Regulation

section 160 of the 2018 Act (xix) that personal data held by courts may be further processed for purposes connected with the administration of justice, including the publication of a judgment or decision of a court, or of a list or schedule of proceedings or hearings in proceedings; Article 14.4 of the Data Protection Regulation

section 90

operation of the courts, including statistical analysis, but further processing for statistical analysis purposes will be subject to technical

organisational measures in order to ensure respect for the principle of data minimisation, (

for the avoidance of doubt, that the courts do not permit data held by them to be used by third parties for marketing or other commercial purposes). Right of Access (Article 15 of the Data Protection Regulation

section 91 of the 2018 Act) 6.

in accordance with the provisions of Order 123, rule 9 of the Rules of the Superior Courts (in the case of the Supreme Court, Court of Appeal or High Court), Order 67A, rule 8 of the Circuit Court Rules (in the case of the Circuit Court) or, as the case may be, Order 12B, rule 5 of the District Court Rules (in the case of the District Court). Right to Rectification (Article 16 of the Data Protection Regulation

section 92 of the 2018 Act) 7. An application by a data subject for the rectification without undue delay of inaccurate personal data processed by or on behalf of a Court which is contained in a judgment or order of the court may be made by means only of an application subject to

in accordance with the provisions of Order 28, rule 11 of the Rules of the Superior Courts (in the case of the Supreme Court, Court of Appeal or High Court), Order 65, rule 3 of the Circuit Court Rules (in the case of the Circuit Court) or, as the case may be, Order 12, rule 16 or Order 45E, rule 3 of the District Court Rules (in the case of the District Court),

only by a person entitled to make such application in accordance with the rule of court concerned. EXPLANATORY NOTE (This note is not part of the Instrument

does not purport to be a legal interpretation.) These rules are made under section 158

obligations provided for in— (a) Articles 12 to 22

Article 34

of Regulation (EU) 2016/679 of the European Parliament

of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data

on the free movement of such data,

repealing Directive 95/46/EC (General Data Protection Regulation),

Article 5

of that Regulation in so far as any of its provisions correspond to the rights

obligations in Articles 12 to 22,

(b) sections 87 , 90 , 91 , 92

93 of the Data Protection Act 2018 ,

section 71 of that Act in so far as it relates to those sections. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais