Right to be forgotten for children

Part 3 Section 33 of the Irish Data Protection Act strengthens the “right to be forgotten“ under Art. 17 GDPR  in case of children. Namely, the “right to be forgotten” may be exercised at any time, without restrictions by Article 17 (1) a-f GDPR. However, this shall not apply to the extent the processing of personal data concerned is necessary for the purposes set out in Article 17 (3) GDPR, such as for exercising freedom of expression and information, for compliance with legal obligation, for reasons of public interest, etc.

Right to object to direct marketing

For the purposes of application of the right to object (Article 21 GDPR), the reference to “direct marketing” includes a reference to direct mailing other than direct mailing carried out in the course of electoral activities in the State by a political party or its members, as well as a candidate for election respectively by the Referendum Commission in the performance of its functions (Part 3 Section 58 of the Irish Data Protection Act).

In recognition of the importance of electoral activities for the democratic system of government, these Sections restrict the rights of the data subjects to object to direct mailing carried out in the course of electoral activities in the State by political parties or candidates for electoral office respectively by the Referendum Commission in the performance of its functions (Part 3 Section 59 of the Irish Data Protection Act).

Public interest

In accordance with Article 23 of the GDPR, Part 3 Section 60 of the Irish Data Protection Act restricts, as far as necessary and proportionate, the obligations of controllers and rights of data subjects in certain cases for the purpose of safeguarding important objectives of general public interest.

Archiving in the public interest, scientific or historical research and statistical purposes

Concerning Article 89 GDPR, Part 3 Section 61 of the Irish Data Protection Act provides restrictions on the exercise of data subject rights, when processing is for purposes of archiving in the public interest, scientific or historical research and statistical purposes. 

Indirect exercise of rights and verification by Commission

When the exercise of a data subject right is restricted under Section 94 of the Irish Data Protection Act, a data subject may request the Data Protection Commission to carry out a verification or review and inform the data subject concerned (Part 5 Section 94 of the Irish Data Protection Act).