Author Archives: Simon McGarr
Our office is closed over the Christmas period. We will reopen on 6th January 2019. We wish you all a peaceful Christmas and a happy New Year.
On 14th November 2018, the EU and British Government published a draft of a withdrawal agreement to deal with the UK’s departure from the EU. The Agreement has since been endorsed by the governments of the EU member states. It awaits a vote of the UK Parliament. It proposes the UK departure from the EU in March 2019, with a ‘transition period’ ending (initially) on the 31st December 2020. After that point the UK is bound to follow EU rules if […]
Contention: That images of people’s faces which allow or confirm the identification of a person are biometric data and therefore data controllers and processors require a lawful basis under both Article 6 and Article 9 of the GDPR to process that data. Evidence: 1) The GDPR Article 4(14) of the General Data Protection Directive defines biometric data as follows; (emphasis added) ‘biometric data’ means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of […]
This is a simple post. Sometimes you get ads on Facebook and you are just not interested in what they’re selling. This is a way to find out who has uploaded your email address into facebook to target ads at you, and then- if you’re in the EU- how to use the new General Data Protection Regulation to get those advertisers to delete you from their system. So, here we go. First, get a copy of all your data from […]
USA -v- Microsoft is an important ongoing case, listed for hearing today before the US Supreme Court. Microsoft have been very firm that the US government’s efforts to make domestic court orders effective outside of the US is not based on a correct interpretation of US law. While lower courts sided with the US, the Federal Appeals Court of the 2nd Circuit found in favour of Microsoft. You can read the amicus brief submitted by Digital Rights Ireland, Liberty and […]
It’s a requirement that public bodies sharing personal data, and relying on the provisions of the Social Welfare Consolidation Act 2005 to do so, have an agreement in place first. I wrote in 2014 about the (eventually) fatal consequences for Irish Water’s attempts to rely on the 2005 Act in the absence of that Ministerial agreement. (It was illegal, and the hundreds of thousands of PPSN records Irish Water collected were subsequently scrapped.) So, having read through a good deal of documentation […]
There is an excellent article by Elaine Edwards online (but not in the paper) regarding a pensioner whose pension payments have been stopped because she declined to submit to the biometric scanning and so on involved in being given an Public Services Card. This card has been, to be charitable, inaccurately referred to as voluntary by Minister Pascal Donoghue. However, if you don’t agree to submit to the carding process (which involves a biometric scan of your face, as well […]
Phishing warning- People are apparently receiving these emails purporting to be relating to McGarr Solicitors from a domain called solicitors.ie. They’re not from us. Don’t click them- just delete.
Submission to the Oireachtas Committee on Health re Part 2 of the General Scheme of the Health Information and Patient Safety Bill
This submission was made today, slightly after the deadline of 3pm. Nonetheless, I have submitted it for the consideration of the Oireachtas Committee on Health in response to their call for submissions. I post it here for reference. Printable version can be downloaded here: *** HEALTH INFORMATION AND PATIENT SAFETY BILL Analysis of Part 2: PERSONAL DATA, PERSONAL HEALTH DATA AND PERSONAL HEALTH INFORMATION By Simon McGarr, McGarr Solicitors Section 5 (1) “Nothing in this Act shall be construed as […]