Data Protection Act 1988

Appeals to Circuit Court.

26

26. (1) An appeal may be made to and heard and determined by the Court against—

( a) a requirement specified in an enforcement notice or an information notice,

( b) a prohibition specified in a prohibition F60 [ notice, and ]

( c) F61 [ ]

( d) a decision of the Commissioner in relation to a complaint under section 10 (1) (a) of this Act,

and such an appeal shall be brought within 21 days from the service on the person concerned of the relevant notice or, as the case may be, the receipt by such person of the notification of the relevant refusal or decision.

(2) The jurisdiction conferred on the Court by this Act shall be exercised by the judge for the time being assigned to the circuit where the appellant ordinarily resides or carries on any profession, business or occupation or, at the option of the appellant, by a judge of the Court for the time being assigned to the Dublin circuit.

(3) ( a) Subject to paragraph (b) of this subsection, a decision of the Court under this section shall be final.

( b) An appeal may be brought to the High Court on a point of law against such a decision; and references in this Act to the determination of an appeal shall be construed as including references to the determination of any such appeal to the High Court and of any appeal from the decision of that Court.

(4) Where—

( a) a person appeals to the Court pursuant to F62 [ paragraph (a) or (b) of subsection (1) of this section ],

( b) the appeal is brought within the period specified in the notice or notification mentioned in paragraph (c) of this subsection, and

( c) the Commissioner has included a statement in the relevant notice or notification to the effect that by reason of special circumstances he is of opinion that the requirement or prohibition specified in the notice should be complied with, or the refusal specified in the notification should take effect, urgently,

then, notwithstanding any provision of this Act, if the Court, on application to it in that behalf, so determines, non-compliance by the person F62 [ with a requirement or prohibition specified in the notice ] during the period ending with the determination or withdrawal of the appeal or during such other period as may be determined as aforesaid shall not constitute an offence.

Annotations:

Amendments:

F60

Substituted other than for certain excepted purposes (25.05.2018) by Data Protection Act 2018 (7/2018), s. 172(1)(b)(i)(I), (2), S.I. No. 174 of 2018. The excepted purposes in subs. (2) are 7/2018, s. 8(1)(b), (2), (3). See C-note below.

F61

Deleted other than for certain excepted purposes (25.05.2018) by Data Protection Act 2018 (7/2018), s. 172(1)(b)(i)(II), (2), S.I. No. 174 of 2018. The excepted purposes in subs. (2) are 7/2018, s. 8(1)(b), (2), (3). See C-note below.

F62

Substituted other than for certain excepted purposes (25.05.2018) by Data Protection Act 2018 (7/2018), s. 172(1)(b)(ii), (2), S.I. No. 174 of 2018. The excepted purposes in subs. (2) are 7/2018, s. 8(1)(b), (2), (3). See C-note below.

Modifications (not altering text):

C70

Subs. (1)(b) amended, (c) deleted and subs. (4)(a), (4) amended, but previous versions (below) retained for certain excepted purposes, (25.05.2018) by Data Protection Act 2018 (7/2018), s. 172(1)(b), (2), S.I. No. 174 of 2018. The excepted purposes in subs. (2) are 7/2018, s. 8(1)(b) (the processing of such data under the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014) or the Vehicle Registration Data (Automated Searching and Exchange) Act 2018 (5/2018) to the extent that the Act of 1988 is applied in those Acts) and s. 8(2), (3) (transitional provisions).

26. (1) ...

( b) a prohibition specified in a prohibition notice,

( c) a refusal by the Commissioner under section 17 of this Act, notified by him under that section, and

...

(4) Where—

( a) a person appeals to the Court pursuant to paragraph (a), (b) or (c) of subsection (1) of this section,

...

then, notwithstanding any provision of this Act, if the Court, on application to it in that behalf, so determines, non-compliance by the person with a requirement or prohibition specified in the notice, or, as the case may be, a contravention by him of section 19 of this Act, during the period ending with the determination or withdrawal of the appeal or during such other period as may be determined as aforesaid shall not constitute an offence.

C71

Application of section extended with modification (27.01.2014) by Credit Reporting Act 2013 (45/2013), s. 19(2), (4), S.I. No. 19 of 2014.

Data protection

19. ...

(2) Sections 2 , 4 and 6 of the Data Protection Act 1988 shall have effect as if—

(a) references to personal data included relevant credit data, and

(b) a person to whom this section applies were a living individual, and sections 9, 10, 12 and 24 to 31 of that Act apply accordingly.

(3) ...

(4) This section applies to any person with an annual turnover of not more than €3,000,000 (and to whom sections 2, 4 and 6 of the Data Protection Act 1988 would not apply apart from this section).

...

Editorial Notes:

E63

Previous affecting provision: construction of section extended (6.11.2003) by European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2008 (S.I. No. 535 of 2003), reg. 17(1)(a); reg. 17 substituted (13.12.2008) by European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) (Amendment) Regulations 2008 (S.I. No. 526 of 2008), reg. 9.