The Data Protection Acts and the GDPR: A Commentary

(Paperback)

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The book acts as a first port of call for practitioners in data protection. This is the first, and, to date, the only text which provides a consolidated text of the existing data protection laws in this jurisdiction covering European source material, related EU secondary law, and the Charter. It is also the only text to provide a consolidated and annotated legislative guide of this type with integrated consideration of CJEU and Irish court decisions on a section-by-section basis which will be of immense use to practitioners in the areas of EU law, ECHR law and Financial Regulation. The book provides a guide not simply to compliance or management of GDPR risks on an inhouse or institutional basis, or a general narrative guide to data protection law, but instead, a discrete and targeted resource for those interacting with data protection law in legislation, and seeking to navigate its interaction with European and Irish court decisions and the provisions of the Charter of Fundamental Rights and EU secondary laws.

This practitioner-led text provides annotated and consolidated versions of the Data Protection Acts and further relevant data protection legislation or amendments. The book covers important decisions of Kaminski v Ballymaguire Foods Limited [2023] IECC 5, Case C-300/21 UI v sterreichische Post AG and the decision of the English Supreme Court in Lloyd v Google LLC [2021] UKSC 50. It deals with data breaches and CCTV as raised in the decision of the Irish Court of Appeal in Doolin v The Data Protection Commissioner and Our Ladys Hospice and Care Services [2022] IECA 117 and the Circuit Court decision in McVann v Data Protection Commissioner [2023] IECC 3. The complexity and ongoing developments in this one area are indicative of the complexity of data protection law in Ireland and this text guides practitioners through its various provisions, their interpretation and application.

This title is included in Bloomsbury Professional's Intellectual Property and IT Law online service.

Author Bio

Dr Risn Costello LL.B. (Dubl), M.A. (SciencesPo Paris), LL.M. (Georgetown), Ph.D. (Dubl), BL is Assistant Professor of EU and International Law, Trinity College Dublin and Barrister at Law. Risn has authored various articles on data protection and privacy law for leading peer reviewed journals including the Human Rights Law Review, the European Human Rights Law Review, European Data Protection Law and TechReg. She is also the author and editor of several books concerning data protection and privacy including, Data Protection Law in Ireland (Bloomsbury, 2023), Data Protection after Brexit (Hart, 2023), and Reflections on the First Five Years of the GDPR (Hart, 2024). Risn lectures on privacy and data protection at both undergraduate and postgraduate level as a member of staff in the Law School at Trinity College Dublin and practices in the areas of EU Law, data protection and privacy, as well as acting as a member of the Council of Europes pool of experts on Data Protection. Risns practice as a barrister focuses on EU law and privacy and data protection concerns and she is a member of the Council of Europes pool of experts on Data Protection. Risns practical as well as academic experience mean she is alive to the concerns of practitioners in this area, while also possessing both the academic and practical expertise to author a book which addresses the current gap in the market.

James Kneale, BCL (Law and French) (NUI), LL.M (Bruges), BL is a practising barrister in general practice with a focus on data protection law. Prior to commencing legal practice, he worked for the Irish Data Protection Commission and for the Legal Service of the Council of the European Union, during which time he advised the Council on various legislative proposals and appeared on its behalf before the General Court of the European Union. James has extensive experience of data protection law from the perspective of its enforcers and those subject to its obligations.

Sen Hurley is a practising barrister in the Law Library. Sen frequently advises on matters relating to Data Protection, Administrative, Technology and Media and EU Law. He previously worked as a Senior Regulatory Lawyer in the Large-Scale Inquiries and Investigations unit of the Data Protection Commission. He is a BCL graduate of University College Dublin and completed an LLM (International Commercial Law) in UCL.