CCTV in Public Place A person must not install or operate CCTV for the sole or primary purpose of recording in a public place for the purposes set out, without an authorisation issued under the Garda Síochána (Recording Devices) Act. It provides that an authorisation can only be given to a member of Garda personnel, or to a local authority […]
Law on Privacy The law on privacy has developed significantly over the last 30 years. At common law, there is no specific tort which protects privacy. A number of torts indirectly protect privacy, such as the those in relation to trespass, defamation, injurious false and nuisance. Although, a breach of privacy in itself, is not actionable as a tort, the […]
Unlawful and Public Domain If conduct is unlawful or immoral, a right of privacy which might otherwise exist, may be denied. It does not follow, however, that people previously convicted of crimes forfeit all privacy. The courts have been reluctant to be judgmental in assessing morality in the context of expectation of privacy. Given that privacy entails a choice, what […]
Fundamental and Human Rights The Irish Constitution, European Convention on Human Rights (“ECHR”) and the EU Charter of Fundamental Rights (“EUCFR”) each provide that freedom of expression is a fundamental human right. The freedom to express opinions, comment and communicate are presumed necessary and desirable features of a democratic society. This echoes the particularly strong freedom of speech provision in […]
Unsolicited Communications to (Persons) I A person may not use or cause to be used any publicly available electronic communications service to send to a subscriber or user who is a natural person an unsolicited communication for the purpose of direct marketing by means of an automated calling machine, a facsimile machine, or electronic mail, unless the person has been […]
Electronic Communications Networks and Services The E-Privacy Regulations apply to the processing of personal data in connection with the provision of publicly available electronic communications services in public communications networks in the State and where relevant the European Union, including public communications networks supporting data collection and identification devices. In the context of the rules, a “data controller” means a […]
Third Party Discovery and Providers In ordinary civil proceedings, pre-trial discovery is usually ordered or agreed in respect of all documents possessed or under the control of each party to the litigation. At the trial, a party to litigation must answer questions in relation to matters in issue, put to them. There are very limited cases, where legal professional privilege […]
Surveillance and interception of data. The digital recording of images greatly enhances the possibility for surveillance. CCTV cameras have become common in many public locations. Mobile phone technology allows effective capture and transmission of live images and footage from Smartphones which can be immediately uplifted to the Internet. Surveillance and tracking offers possibility of enhanced efficiency in policing. Surveillance of […]
Privacy and Data Protection The Data Protection Act and the EU wide General Data Protection Regulation are designed to protect privacy. They severely restrict the acquisition, holding and use of information relating to identifiable individuals. Any information that is capable of identifying or being associated with a living person is protected. The legislation does not apply to purely personal or […]