Call McGarr Solicitors on: 01 6351580

Home » Blog » Data Protection

Data Protection

Application by EFF and DRI in DPC v Facebook and Schrems

On Friday 17th June 2016, McGarr Solicitors attended before Mr. Justice McGovern in the High Court on behalf of Digital Rights Ireland and the Electronic Frontier Foundation, a US non-profit. Counsel applied for leave to file papers to support applications by our clients to be joined as amici curiae in the case of Data Protection Commissioner -v- Facebook Ireland Limited and Maximillian Schrems. The DPC is seeking a reference to the CJEU arising from Mr. Schrems’ complaint regarding the transfer […]

More

Dept of Health and Data Protection Commissioner files on Individual Health Identifiers

Seeing as everyone is very busy with the election, I thought I’d give you something a bit different to read. So, thanks to an FOI request, please find below the documents details exactly what has and has not been agreed between the Department of Health and the Office of the Data Protection Commissioner in advance of the DPC receiving any complaints from the public. The files raise issues about the appropriateness of the relationship between the Independent regulator and the […]

More

The Privacy Shield: The deal on EU/US Safe Harbour data that wasn’t there

Cartoon of Safe Harbor wreakage

Yesterday the EU Commission and the US government announced that, having burst past the deadline of Sunday set by Europe’s Data Protection Authorities (collectively called the Art 29 Working Party because that’s how the EU is), they had secured an 11th hour deal on transfers of personal data across the Atlantic. Safe Harbour (and Safe Harbor) was no more, they trumpeted, replaced by something that is spelled the same in English for both parties- The Privacy Shield. These are some […]

More

Safe Harbour: Irresistible force meets an immovable object

Aircraft Carrier by Matt Morgan

It’s an old Internet joke, but a good one. It takes the form of a transcript of radio communications at sea. The identity of the two sides shifts depending on who’s telling the story- UK and Ireland, Spain and Portugal etc. What stays the same is that a huge military ship from a powerful imperial nation is told by a little nation’s vessel to change course to prevent a collision. It refuses and demands the other party change course. The […]

More

Misreading Bara: The Irish State’s database crisis

Catherine Murphy TD has done the nation much service in her time in the Dáil. Her most recent efforts to extract information from the State apparatus may have as great an impact as anything she has done. The Social Democrats leader set down a series of Parliamentary questions, asking Ministers if they were aware of the CJEU’s recent Bara judgment and if their Departments had undertaken any database building projects which were effected by it. (Here’s a snappy explainer on […]

More

HSE has no record of legal advice re Health Identifier scheme

I have previously written about why I think the CJEU’s Bara Judgment makes Section 8 of the underlying Health Identifier Act illegal. (This is the Section that allows the state to try to pool the info they hold on citizens in other databases to populate this new one.) An FOI reply has now been sent on to me about the Individual Health Identifier scheme. I am surprised to see an acknowledgement that, despite the extreme sensitivity in creating a new database […]

More

What’s the prognosis for Health Identifiers after the Bara Judgment?

The Irish State loves a good database, as regular readers will know. I was doing the washing up recently, listening to the video of a recent event in TCD’s Science Gallery when I heard about the latest one. A store of electronic health records for women and infants, starting in four maternity hospitals in the new year. This is a subsection of the wider eHealth project being run by the HSE, which also includes the Individual Health Identifier database system. […]

More