Processing of special categories of personal data

Part 3 Section 45 of the Irish Data Protection Act contains specifying provisions on processing of special categories of personal data. The processing has to be authorized, whether by Article 9 GDPR or Sections 41, 46-54 of the Data Protection Act. These Sections permit processing of personal data for employment and health related purposes, as well as archiving purposes in the public interest, scientific or historical research purposes or statistical purposes.

Data relating to criminal convictions and offences

Part 3 Section 55 of the Irish Data Protection Act gives effect to Article 10 GDPR. Processing of personal data relating to criminal convictions and offences is lawful to the extent the data subject has given explicit consent to the processing for one or more specified purposes, except where prohibited by the law of the European Union or national law

It is also lawful if processing is necessary and proportionate for the performance of a contract, for the purpose of providing or obtaining legal advice or other legal proceedings and for the purposes of establishing, exercising or defending legal rights.