Ireland: GDPR: New Exceptions To Data Protection Rules For Central Bank

Last Updated: 27 November 2019
Article by Rob Corbet and Eoghan Clogher
Most Read Contributor in Ireland, November 2019

Under the new Data Protection Act 2018 (section 60(6)) (Central Bank of Ireland) Regulations 2019, a data subject's rights may be restricted to the extent necessary to allow the Central Bank of Ireland (CBI) to carry out certain of its central functions.

What is the legislative basis for the Regulations?

Under section 60(6) Data Protection Act 2018 (DPA), a Minister may, following a consultation process, make regulations that restrict the obligations of controllers and rights of data subjects, where such restrictions are "necessary to safeguard important objectives of general public interest".

What types of personal data come within the scope of the Regulations?

The Regulations apply to personal data, in respect of which the CBI is the controller, processed by the CBI in pursuit of a "relevant objective". Personal data in this context also includes special categories of personal data, and 'Article 10 data'; personal data relating to criminal convictions and offences or related security measures based on Article 6(1) of the General Data Protection Regulation (GDPR), as further defined in the DPA.

What is a relevant objective of the CBI?

A relevant objective is one of a number of important objectives of general public interest, as described in paragraphs (b) to (g) or (i) to (m) of section 60(7) of the Data Protection Act 2018, and pursued by the CBI in exercising a "relevant function".

Important objectives of general public interest

Paragraphs (a) to (o) of section 60(7) of the Data Protection Act 2018 set out a non-exhaustive list of important objectives of general public interest that may necessitate the need for additional regulations, such as the Regulations. Some of those objectives set out in paragraphs (b) to (g) and (i) to (m) (and relevant to the CBI under the Regulations) include:

  • avoiding obstructions to any official or legal inquiry, investigation or process;
  • preventing, detecting, investigating or prosecuting breaches of ethics for regulated professions;
  • preventing, detecting, investigating or prosecuting breaches of the law subject to civil or administrative sanctions;
  • identification of assets derived from criminal conduct;
  • safeguarding the economic or financial interests of the European Union or the State;
  • protecting the public against financial loss/ detriment due to dishonesty, malpractice or improper conduct in provision of banking, insurance, investment or other financial services;
  • the keeping of public registers for reasons of general public interest, whether the registers are accessible to the public on a general or restricted basis.

What is a relevant function of the CBI?

A function of the CBI under financial services legislation, the Treaty on the Functioning of the European Union or the Statute of the European System of Central Banks and of the European Central Bank, which relates directly or indirectly to a finite set of typical central bank duties, such as monetary policy, contributing to the stability of the financial system or protecting the best interests of consumers of financial services, is a relevant function.

Which rights and obligations are affected?

The rights and obligations set out in Articles 12 to 22 and Article 34, and Article 5 (in so far as any of its provisions correspond to the rights and obligations in Articles 12 to 22), of the GDPR, may be restricted in respect of processing to which the Regulations apply. These include, for example; the data subject's right to information (including the right to receive it in a transparent form), right of access, rights of rectification and erasure, right to object and the right to be told about a data breach in certain circumstances.

What limits are imposed on the CBI?

The restriction of a right or obligation must be; (i) necessary to safeguard a relevant objective; and (ii) proportionate to the need to safeguard that relevant objective. A non-exhaustive set of circumstances where this might occur are set out in the Regulations, for example, where the exercise of the right or obligation may interfere with the prevention, detection or investigation of breaches of, or enforcement of, financial services legislation. Those assessing the parameters above must take into account:

  • the extent to which the exercise of the right or compliance with the obligation would prejudice the achievement by the CBI of the relevant objective,
  • the essence of the right to data protection of the data subject, and
  • the risks to the rights and freedoms of the data subject which may result from such a restriction.

Will data subjects be informed where their rights are restricted?

Yes. Where a right or obligation is restricted, the CBI must notify an affected data subject in writing, in a timely manner, unless such notification may prejudice the achievement of a relevant objective. In addition, affected data subjects must be explicitly informed that they have a right to lodge a complaint with the Data Protection Commission which will not prejudice any other of their remedies in relation to the CBI, including judicial review of a decision of the CBI, and the right to appeal a decision.

Must the communication to data subjects be in a prescribed form?

No. It must simply be in a concise, intelligible and easily accessible form, using clear and plain language.

Are there any safeguards required by law with respect to these restrictions?

Yes. The CBI must implement (and regulaly review and update) policies and procedures in relation to:

  • use of secure store, passwords, and encryption;
  • use of controls to ensure personal data is only sent to intended recipients;
  • determination of appropriate storage periods and treatment of data upon expiry of those periods; and
  • data minimisation, including anonymisation and pseudoanonymisation.


These Regulations came into operation on 30 October 2019 and like many other aspects of the GDPR, the CBI will need to come to its own decision on how to operationalise them, striking an acceptable balance between safeguarding a relevant objective and preserving the right of the data subject to data protection.

This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.

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

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

Similar Articles
Relevancy Powered by MondaqAI
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
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 (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

To Use 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.


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.


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