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F. FAQs

What is the Data Protection Act, who does it apply to and what are an Organisations obligations around this Act? These are all examples of questions which our team at Adare Human Resource Management have been asked. Below are more Frequently Asked Questions (FAQ’s);

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What legislation refers to data protection in Ireland?
The principal legislation governing Data Protection in Ireland is set out in the Data Protection Acts, 1988 and 2003 which are construed together as one act (the “Acts”). The Acts place responsibilities on the persons who collect and process personal information as well as conferring rights on individuals.
Who do the Acts apply to?

The Acts apply to persons and organisations that are established in Ireland and/or to persons and organisations who are based outside the Ireland and the European Economic Area and who actively process data in the state.

The Acts have general applicability across all businesses and, therefore, all businesses need to be aware of their duties and obligations arising under same.
What are Data Controllers and Data Processors?

A Data Controller is generally an individual or a company that controls and is responsible for the keeping and use of personal information on computer or in structured manual files.

A Data Processor holds or processes personal data but does not exercise responsibility or control over it.

Certain Data Controllers and Data Processors are required to register with the Data Protection Commissioner.

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