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Articles by Charlotte Burke
The Data Protection Impact Assessment takes centre stage
The inquiry is set to focus on whether Google complied with any obligations it may have had to carry out a Data Protection Impact Assessment ("DPIA") prior to commencing the processing in question. In particular, the DPC has confirmed that it will consider whether the rights and freedoms of the affected data subjects were adequately considered and protected before training of PaLM 2 commenced.
The Data Protection Impact Assessment takes centre stage
Overview On 12 September 2024, Ireland's data protection regulator, the Data Protection Commission ("DPC") announced that it had commenced a cross-border statutory inquiry into Google Ireland Limited ("Google") arising from Google's processing of user personal data to help to develop its AI model, Pathways Language Model 2 (PaLM 2).
Agreement reached by EU on new European Data Act
On 27 June 2023, it was announced that European Council and Parliament policymakers had reached agreement on the provisions of the proposed European Data Act ("the Data Act"). The Data Act is a new regulation which will establish harmonised rules governing making data generated by the use of a product or related service available to the product / service user, to data recipients and to public bodies for public interest purposes where there is an exceptional need.
On the increase: Non-Material Loss in Ireland
In one of the first written judgements in Ireland regarding non-material damage under the GDPR, the Dublin District Court awarded €2,000 compensation to a plaintiff regarding the use of CCTV footage of him by his employer which resulted in slagging by colleagues, serious embarrassment and sleep loss. In Arkaiusz Kaminski v Ballymaguire Foods Limited, CCTV footage was shown to various employees as part of a meeting between the quality control and other managers and supervisors.
Data transfers and enforcement: Irish Data Protection Commission issues Meta with suspension and cessation orders along with largest ever GDPR fine
Overview On 22nd May 2023, the Irish Data Protection Commission ("DPC") published its long awaited decision in the Meta data transfers case, providing the next instalment in the privacy world's longest running battle. The decision has major ramifications for the company and transatlantic data transfers generally.
Bank of Ireland fined €463,000 for breaches of GDPR
The Data Protection Commission recently announced its decision to fine Bank of Ireland (“BOI”) €463,000 for a number of breaches of the General Data Protection Regulation (“GDPR”). The DPC’s announcement came following an inquiry by the regulator into 22 data breach notifications made by BOI between November 2018 and June 2019. The DPC found that 19 of the breaches met the definition of a personal data breach.
Legislation providing for significant reforms of civil procedure now in force | Lexology
United Kingdom
November 30 2020 The Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (the “Act”) has recently come into operation and has heralded a number of significant changes to existing civil procedure in Ireland. While many of these measures had been in the pipeline for some time, the onset of the Covid-19 pandemic has brought forward their introduction.
Large fines imposed for GDPR breaches | Lexology
United Kingdom
November 30 2020 In October 2020, three of the largest ever fines for breaches of the EU General Data Protection Regulation (“GDPR”) were imposed by data protection authorities in the EU. In Germany, the Data Protection Authority of Hamburg fined H&M €35.3m, while in the UK, the Information Commissioner’s Office (“the ICO”) fined British Airways and Marriott International, €22m and €20.45m respectively.
Supreme Court decision outlines that Public Bodies must justify refusals under Freedom of Information Act | Lexology
United Kingdom November 30 2020 In two recent judgments regarding the application of the Freedom of Information Act 2014 (“FOI Act”), the Supreme Court has ruled that public bodies are required to justify refusals to disclose confidential or commercially sensitive documents pursuant to an FOI request (Minister for Communications, Energy and Natural Resources v the Information Commissioner [2020] IESC 57 [59]), (“the ENET case”) and University College Cork v the Information Commissioner...
The importance of Expert Witnesses being independent and owing their principal duties to the Court | Lexology
Ireland
November 30 2020 The recent High Court judgment of McKillen v Tynan [2020] IEHC 189 dismissed judicial review proceedings on grounds including that: (i) the Applicant’s two expert witnesses were not qualified to give evidence as experts in the proceedings; and (ii) even if they were, the expert witnesses were not suitably independent meaning that their evidence had “no weight given their patent desire to advance a case made by Mr McKillen”.
Court of Appeal upholds High Court decision to dismiss Ryanair defamation action | Lexology
Introduction In its recent decision in Ryanair DAC and Another v Van Zwol and Others [2020] IECA 105, the Court of Appeal refused an appeal by Ryanair against the dismissal of defamation proceedings arising from the publication by the Ryanair Pilots Group (RPG) of an email bulletin to pilots employed by Ryanair, which the airline contended was defamatory and insinuated that it had manipulated the market for its shares.
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