Disclaimer

The new DPC website is currently under construction. Our latest guidance in relation to GDPR, which comes into effect on 25th May, 2018, can be found at gdprandyou.ie and via pages on this website starting with "NEW" as per the navigation pane on the left. All other material on this site relates to the previous legislative regime under the Data Protection Acts 1988-2003 ("the Acts"). While the Acts may continue to apply in some circumstances, as of 25th May, 2018 the GDPR is the primary piece of legislation governing data protection.

Data Protection Commission

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.