The Court of Appeal recently found that the immigration exemption under Paragraph 4 of Schedule 2 to the Data Protection Act 2018 – which disapplies some data protection rights where their application would be likely to prejudice immigration control – did not comply with the EU General Data Protection Regulation. The judge concluded by saying that the appropriate remedy in a case of incompatibility was "a sensitive matter" and deferred a decision on relief, inviting further submissions in light of his findings.
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25 January 2021 Matteo Bruno Freelance Lawyer To print this article, all you need is to be registered or login on Mondaq.com. Do you want to compare other jurisdictions?. Click here
1 Legal and enforcement framework
1.1 Which legislative and regulatory provisions govern data privacy in your jurisdiction?
Since 25 May 2018, the EU General Data Protection Regulation (2016/679) (GDPR) is the main legal framework for data protection in all countries within the European Economic Area, which includes EU member states, Iceland, Norway and Lichtenstein.
In Ireland, the national law that gives further effect to the GDPR is the Data Protection Act 2018 (DPA 2018), which entered into force on the same day as the GDPR. The DPA 2018, in addition, transposed the EU Law Enforcement Directive (2016/680) (LED) into Irish law and provided for the necessary amendments to the previous data protection framework