In 2016, data protection regulation saw the most significant change in over twenty-one years. The Data Protection Directive was replaced in its entirety by the new General Data Protection Regulation. This affects all organizations and all individuals throughout the EU and Ireland. In addition to new and expanded rights and obligations, organizations must also engage Data Protection Officers, whom have significant responsibilities and independence. The second edition of Data Protection Law in Ireland provides a detailed analysis of these new developments, procedures, rights, and obligations of data protection in Ireland. It is the most recent and up-to-date book, providing a comprehensive guide as to what data protection is and the implications and obligations for holders and subjects of such data. This is an essential reference and resource for organizations, companies, solicitors, barristers, Data Protection Officers, compliance officers, IT and security personnel, marketing departments, and those interested in this increasingly important and rapidly changing area of law. [Subject: Irish Law, Data Protection, Information Technology]

Provides an analysis of the origins, current sources, and character of privacy law in Ireland with a particular focus on how to navigate privacy claims and balance privacy with other interests before the Irish courts. It clarifies the relationship between private law protection of privacy rights in tort and statute, and constitutional conceptions of the right and compares how European Union and international law impacts on the privacy jurisprudence of the Irish courts. Part One: Addresses the sources of privacy rights in Ireland, with an account of how the right to privacy has been protected under the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union, explaining the influence of the ECHR on privacy adjudication before the CJEU and outlining the trickle-down impact of the decisions of both courts on the secondary laws of the European Union, and national law in turn. Part Two: Considers the genres of privacy recognised by the Irish courts namely, personal, spatial and informational privacy. The chapters in this part consider the recent decisions in respect of data retention and privacy rights in Dwyer v Commissioner of Garda Síochána as well as the implications of the CJEU and Supreme Court decisions in the matter for criminal prosecutions relying on data retained under the now invalidated legislation. Part Two also considers the recent Supreme Court decision in DPP v Quinn which adds significantly to the jurisprudence of the Irish courts in respect of digital privacy under Article 40.5 of the Constitution, and has implications for the search of digital devices more broadly. This title is included in Bloomsbury Professional's Intellectual Property and IT online service.

Data Protection has become one of the most important news topics of recent years, playing a role in elections and referendums, and posing a whole host of new legal questions. At its core, data protection is the statutory protection provided to protect the privacy of individuals with regard to personal data. It's places various obligations on persons who keep personal data, eg that the data must be accurate and kept for lawful purposes. EU Data Protection Law provides an analysis of the EU's proposed General Data Protection Regulation. The book analyses the rights of the data subject including rights to information, access, rectification, erasure (right to be forgotten), restriction, portability and objection. It examines in detail the role and responsibilities of controllers and processors together with governance (including the Data Protection Officer) and risk (data protection by design and default, the Data Protection Impact Assessment, data security and the notification of subjects). The role of data protection authorities, the European Data Protection Board and enforcement mechanisms such as fines and other liabilities and penalties are also explored. Other relevant Directives are discussed together with appropriate case law. This comprehensive treatment is the only one of its kind. It will also be of international appeal, as Ireland's perspective in this area carries great weight in light of Ireland's position as the European headquarters for many digital technology companies such as Facebook and Google.

Companies, lawyers, privacy officers, compliance managers, as well as human resources, marketing and IT professionals are increasingly facing privacy issues. While plenty of information is freely available, it can be difficult to grasp a problem quickly, without getting lost in details and advocacy. This is where Determann’s Field Guide to Data Privacy Law comes into its own – identifying key issues and providing concise practical guidance for an increasingly complex field shaped by rapid change in international laws, technology and society

Shortlisted for DSBA Law Book of the Year Award 2020 The law in Ireland regarding causes of action involving the internet is a rapidly growing area of law and litigation. This book examines issues such as privacy, data protection, defamation, data protection, crime, intellectual property and employment, all through the prism of online behaviour. This book examines key pieces of legislation such as the E-Commerce Directive, GDPR, and Defamation Act 2009; forthcoming legislation such as the Digital Content Directive and proposed Irish legislation to combat harmful online content. With Ireland being the European base of many international IT and tech firms such as Google, Facebook, LinkedIn, Amazon and Twitter, it is anticipated that the Irish courts will be the forum for many important cases in the near future. Internet Law provides a comprehensive overview of the state of the law in Ireland, EU Member States, and other common law countries such as Canada, Australia and New Zealand. And in such a fast-developing area of law, the book also anticipates many of the issues that will face courts in the near future. Key cases that this book considers include: Data protection: Google Spain [2014] – an in depth review of what exactly this case established, and the manner in which it has been interpreted in subsequent case law. Lloyd v Google [2019] – in which the English Court of Appeal made a significant finding about the availability of damages for non-pecuniary loss arising from the breach of a person's data protection rights. Defamation: Monroe v Hopkins [2017] - the first UK case to consider at length defamation on Twitter, with an in-depth analysis of meaning, identification and how to assess the degree of publication via that medium. Eva Glawischnig-Piesczech v Facebook [2019] – a significant recent decision of the CJEU on the liability of social media platforms for content posted by its users. Copyright: Sony Music v UPC [2018] - a Court of Appeal judgment on the duties of internet service providers to restrict the illegal downloading of copyright material by its customers. Land Nordrhein-Westfalen v Renckhoff [2018] - a recent decision of the CJEU on the nature of copyright protection attaching to photographs which are uploaded to the internet. Trade Marks: Interflora Inc v Marks and Spencer plc [2011] - a decision of the CJEU which analyses the rights of an advertiser to use the trade mark of a rival company when promoting its services on the Google Ads service. Employment: Barbulescu v Romania [2017] - a significant CJEU decision which sets out the restrictions to an employer's right to monitor the electronic communications of its employees. Privacy/ Harassment: CG v Facebook [2016], in which the Northern Ireland Court of Appeal considered the tort of harassment via social media, and the potential liability of Facebook for comments made by a user following notification of the alleged harassment. Evidence: Martin & Ors v Gabriele Giambrone P/A Giambrone & Law [2013]- one of several cases to consider the admissibility of evidence taken by a defendant from a plaintiff's social media account in order to question the latter's testimony.

This volume presents analyses of data protection systems and of 26 jurisdictions with data protection legislation in Africa, as well as additional selected countries without comprehensive data protection laws. In addition, it covers all sub-regional and regional data privacy policies in Africa. Apart from analysing data protection law, the book focuses on the socio-economic contexts, political settings and legal culture in which such laws developed and operate. It bases its analyses on the African legal culture and comparative international data privacy law. In Africa protection of personal data, the central preoccupation of data privacy laws, is on the policy agenda. The recently adopted African Union Cyber Security and Data Protection Convention 2014, which is the first and currently the only single treaty across the globe to address data protection outside Europe, serves as an illustration of such interest. In addition, there are data protection frameworks at sub-regional levels for West Africa, East Africa and Southern Africa. Similarly, laws on protection of personal data are increasingly being adopted at national plane. Yet despite these data privacy law reforms there is very little literature about data privacy law in Africa and its recent developments. This book fills that gap.