The Commissioner's Power to Prohibit Overseas Transfer of Personal Data
Under section 11 of the Data Protection Acts, 1988 and 2003, the Data Protection Commissioner may prohibit the transfer of personal data from the State to a place outside the State. The Commissioner exercises this power by providing a written notice, called a "prohibition notice", to the data controller or data processor.
In considering whether to exercise this power, the Commissioner must have regard to the need to facilitate international transfers of information.
A prohibition notice may be absolute, or may prohibit the transfer of personal data until the person concerned takes certain steps to protect the interests of the individuals affected. A person who receives an prohibition notice has the right to appeal it to the Circuit Court.
It is an offence to fail or refuse to comply with a prohibition specified in a prohibition notice without reasonable excuse.