JOE MEADE,
Sir, - I refer to an article by Denis Kelleher in the Technology in Business section of your edition of January 11th regarding new regulations to modify data protection laws.
I am pleased that Mr Kelleher has taken time to analyse the new regulations and has given a useful summary of their main provisions.
However, in stating that the new rules "make it harder to object to transfers of data outside Europe", and that "the ability of the Data Protection Commissioner to prohibit such transfers will be more limited than previously" the article conveys a wrong impression. In fact the opposite is the case.
As of now, I can prohibit a transfer of personal data outside the State only if I believe a contravention of basic data protection principles would be likely to arise; and I must have regard to factors such as the likelihood of causing damage or distress, and the general desirability of facilitating international transfers of data.
Under the new regulations, transfers of data to countries outside the European Economic Area cannot take place unless one of a number of clear conditions - designed to protect people's privacy rights - are met. These include: approved contractual safeguards, the clear consent of data subjects, or the approval of a country for such purposes by the EU. If safeguards of this nature are not in place, then I can and will prohibit the transfer from taking place.
Accordingly, the new regulations give significantly greater protection to individuals than at present. Having made this point, it is still true to say that the regulations clarify and codify how to ensure compliance with good data protection rules, and therefore the regulations should make life a good deal easier for responsible organisations whose business involves the transfer of personal data overseas.
I should add that I will have more detailed information on my website, www.dataprivacy.ie, by the end of January to give guidance about the implementation of the regulations. - Yours, etc.,
JOE MEADE, Data Protection Commissioner, Dublin 1.