Ireland
| OVERVIEW | Ireland has had a number of significant data breaches and, in response, has implemented data protection and security requirements. |
| ENACTED | 2003 |
| GENERAL PRIVACY LAWS |
Data Protection (Amendment) Act 2003 The Irish Constitution does not specifically provide the right of privacy although several cases have implied this right. |
| PERSONAL DATA PROTECTION LAWS AND REGULATIONS | Data Protection (Amendment) Act 2003 |
| TYPE OF DATA PROTECTED | Personal Data. |
| WORKPLACE PRIVACY LAWS |
No specific legislation related to workplace monitoring. The principles of the Data Protection Act apply. The data commissioner has issued Guidance Note - Monitoring of Staff on the monitoring of staff that specifically acknowledges that organizations have a legitimate interest to protect their business, reputation, resources and equipment and that monitoring may be a legitimate means of achieving this. |
| TRANSBORDER TRANSFERS |
The Data Protection Act contains restrictions on the transfer of personal data to third countries outside of the European Economic Area (EEA). Personal data can be transferred to another country only if that country ensures the level of data protection that corresponds to the level of data protection in Ireland. Section 11 of the Data Protection Act regulates the transfer of personal data to third countries outside of the European Union. |
| FINES AND SANCTIONS | Civil and criminal penalties are provided. |
| OTHER PRIVACY LAWS AND REGULATIONS | The Irish Data Protection Commissioner has published a Consumer's Guide to Dealing with Unsolicited Direct Marketing that discusses how Irish law regulates direct mail, email, telephone, SMS and fax marketing. |