Privacy, Data Protection & Information Management

The Practice

We have a market leading reputation in the area of privacy, data protection, security and information management. We have built our practice over many years by providing solutions-oriented advice across the broadest spectrum of industries and issues. We pride ourselves on understanding our clients’ perspectives and on the responsiveness and practicality of our advice in what is an increasingly challenging area of European and international law.

Led by partner Rob Corbet, our team includes partner Colin Rooney and Consultant Dr. Robert Clark while our strength in depth is supplemented by several associates within our Technology & Innovation team, each of whom has built expertise in the protection and commercial exploitation of data as an intellectual asset.

Experience

Our lawyers have advised on some of the highest profile data breach incidents in Ireland and internationally and we have successfully defended clients in many enforcement actions taken by the Office of the Data Protection Commissioner at all levels (including “dawn raids”, defending District Court prosecutions and representing clients in High Court judicial reviews and Supreme Court appeals). We also advise significant multinational companies on an ongoing basis in relation to the global management and commercial exploitation of data within the confines of Europe’s existing and emerging data protection laws.

Expertise

Within the data privacy sphere, we routinely advise clients in relation to the following areas:

  • Legislative Compliance
    • Compliance with the Data Protection Acts 1988 to 2018 and the EU GDPR
    • The right to privacy established by the Irish Constitution
    • The right to private correspondence under Article 8 of the European Convention on Human Rights
  •  International Data Transfers
    • Ireland as a corporate data centre
    • Trans border data flows (including Model Clauses, Binding Corporate Rules, EU-US Privacy Shield and other permitted means to legitimise the export and disclosure of personal data)
  • Defending Enforcement Actions
  • Commercial Exploitation of Data
  • Data Security
  • Data Protection in the Workplace

Freedom of Information

The Technology and Innovation Group also advises on all aspects of the Freedom of Information law and practice. Partners Colin Rooney and Rob Corbet work with public bodies designated for the purposes of the FOI Acts and with private sector entities dealing with such public bodies or seeking access to records or information in respect of the operation of the FOI Acts. We advise on the full range of issues relevant to the FOI Acts including:

  • Interaction of the FOI Act with Data Protection law and other relevant legislation
  • The Freedom of Information Act 2014
  • Guidance for public bodies on compliance with the FOI Acts
  • Application of available exemptions in relation to requests pursuant to the FOI Acts and mechanisms for addressing refusals of access by public bodies
  • Dealing with public bodies in relation to the provision of confidential and commercially sensitive information by commercial entities
  • Procedural advices, review of decisions, including on public body internal review, review by Information Commissioner and appeal to the High Court
  • Appeals of Information Commissioner decisions
  • Freedom of Information training

We work closely with our colleagues in our Employment and Litigation and Dispute Resolution groups in relation to material data security issues and enforcement actions.

Conferences and  Publications

We established the annual PDP Data Protection – Practical Compliance conference in Dublin which, over the past decade, has become Ireland’s leading data protection conference. We also provide the expert commentary and regular articles for the bimonthly journal, Data Protection Ireland.