Ireland: Highlights Of DPC's First Annual Report Under GDPR

On 28 February 2019, Ireland's data protection supervisory authority, the Data Protection Commission (DPC), published its first annual report under GDPR (Report). The Report follows on from the DPC's final pre-GDPR annual report and covers the period 25 May to 31 December 2018.

We take a look at some of the highlights and key issues in the Report.

The Report in numbers

The report contains some interesting statistics and year-on-year comparisons, in particular:

  • 2,864 - the number of complaints were made to the DPC. With 4,113 over the course of 2018, it represents a 56% increase on 2017*.
  • 35% - the portion of complaints relating to access rights. Access rights continue to be a key area of activity, but make up a smaller portion of overall complaints compared to 2017.
  • 3,542 - the number of breaches that were notified to the DPC. With 4,740 over the course of 2018, it represents a 70% increase on 2017*.
  • 18 - the formal decisions issued by the DPC. 13 upheld the complaint, with 5 rejecting the complaint.
  • 11 - the number of Binding Corporate Rules (BCR) applications with the DPC as lead regulator.
  • 900 - the number of Data Protection Officer (DPO) notifications received by the DPC.
  • 135 - DPC headcount at end January 2019. This is up from 85 at the end of 2017 and 110 at the end of 2018. 30 more staff will be recruited in the remainder of 2019.

These numbers are reflective of an increase in individuals' awareness and exercise of data protection rights, and the increased engagement between business and the DPC which has flowed from the GDPR.

*Comparing the figures in the Report Period with monthly averages from 2017, there was almost a 115% increase in breach notifications and an 86% increase in complaints.

Complaints

The Report confirms the DPC's role as a hub for cross-border privacy complaints: A new category, termed 'multinational complaints – others', makes up 22% of all GDPR complaints in the Report Period. This puts these complaints behind only access rights as the largest category of complaint. The DPC also dealt with 48 data breach complaints in the same period.

The Report sets out the  DPC's views on the new complaint-handling mechanism under the Data Protection Act 2018. Where an amicable resolution is not possible, the DPC is no longer legally obliged to make a formal, statutory decision. Instead, the DPC has a range of tools including providing advice to the complainant, issuing statutory notices to controllers or processors, and opening statutory enquires.

Technology Leadership Unit

In late 2018, the DPC established an advanced technology evaluation and assessment unit, the Technology Leadership Unit (TLU). According to the Report, the TLU objective is supporting and maximising the effectiveness of the DPC's supervision and enforcement teams, particularly with respect to risks arising from complex systems and technology. The TLU, in particular, produces guidance on technology and data protection, and has already published internal guidance on ePrivacy, internet protocols and portability, and ad tech. External guidance, training and outreach is planned in respect of AI and machine learning, ad tech, and device ID settings. In 2019, the TLU will carry out surveys, together with desktop studies, to understand data controllers' compliance with GDPR.

Cross-border

The Report underlines the cross-border element of the DPC's role. In anticipation of the DPC's cooperation and consistency engagement with the European Data Protection Board (EDPB), a One Stop Shop Operations team was established. The DPC received 136 cross-border processing complaints, which were originally lodged with other EU data protection authorities, through the new OSS mechanism. To manage this process, a new system of online data sharing– the EU IMI system – has been rolled out between the supervisory authorities.

During the Report Period, the DPC also received 16 (formal and voluntary) requests for mutual assistance from EU counterparts. These requests related to matters such as transparency; the interaction of GDPR and the ePrivacy Directive, and digital advertising in the ad tech sector.

The DPC opened 15 statutory inquiries in relation to the compliance of multinational technology companies with the GDPR. The inquiries were commenced on the basis of complaints received, due to specific breaches notified, and, in certain cases, at the DPC's own volition. The investigations are expected to largely be concluded later this year. The DPC's aim is that the results of these investigations will provide precedents for better implementation of GDPR principles across key aspects of internet and ad tech services.

The Report also highlights the DPC's role of supervision and engagement. In particular, the DPC proactively engages with technology companies to better understand how they use personal data and the actions taken towards compliance. In the Report Period, the DPC issued 24 formal requests seeking detailed information on compliance.

Children's data

In advance of the GDPR coming into force, the DPC established a Children's Policy Unit. At the end of 2018, the DPC launched the first stream of a public consultation on the processing of children's personal data and the rights of children under the GDPR. In the second stream, launched in early 2019, the perspectives of 8-16 year olds are being sought. Submissions are open until the extended date of 5 April 2019.

The consultation seeks insights on:

  • How, when and where children may exercise their own rights, independently of their parents
  • The age at which children should be able to sign up to free apps in their own right
  • How ages should be verified by service providers, and
  • How parental or guardian approval should be sought and verified, if required

The aim is to produce guidance material for children and young people, as well as the organisations that process their data.

DPC in 2019

The Report contains various references to the DPC's intended activities during the remainder of 2019:

  • Rolling out a DPO network, offering the opportunities for peer dialogue amongst DPOs
  • Communicating with relevant organisations regarding their obligation to appoint a DPO under GDPR throughout the year
  • Building on efforts in 2018, continuing engagement with the private and financial sector, focusing in particular on transparency compliance and the challenges around the presentation and readability of customer notices and privacy policies
  • In cooperation with EU counterparts, continuing stakeholder engagement in relation to ad tech and the online advertising ecosystem

Case studies

As always, the Report contains various case studies, which provide insights into the DPC's approach to specific rights and obligations. The Report also documents court cases in which the DPC is a party, including prosecutions for direct marketing offences. The case studies cover matters including the scope of access requests, the disclosure of CCTV footage, and data breaches. In a follow-on post, we will provide comment and analysis on some of the key case studies in the Report.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Sign Up
Gain free access to lawyers expertise from more than 250 countries.
 
Email Address
Company Name
Password
Confirm Password
Country
Position
Industry
Mondaq Newsalert
Select Topics
Select Regions
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions