Circuit Court Rules

ORDER 60

DATA PROTECTION

1. In this Order:

the “2018 Act” means the Data Protection Act 2018 (No 7 of 2018);

the “Commission” has the meaning assigned to it by section 10 of the 2018 Act;

“data protection action” has the meaning assigned to it by section 117 or, as the case may be, section 128, of the 2018 Act;

“Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

each of the expressions “controller”, “data subject” and “processor” has the same meaning as in the Data Protection Regulation or Part 5 of the 2018 Act as the context requires.

[SI 222/19]

2. A data protection action shall be brought in the County in which—

(a) the controller or processor against whom the data protection action is taken has

an establishment, or

(b) the data subject has his or her habitual residence.

[SI 222/19]

3. (1) Where a data protection action or an appeal under section 150 of the Act is brought on behalf of a data subject by a not-for-profit body, organisation or association to which section 117(7) of the 2018 Act applies that has been mandated by the data subject to do so, the Civil Bill or other originating document shall -

(i) include a statement to that effect, and

(ii) confirm that the plaintiff satisfies each relevant requirement of Article 80 of the Data Protection Regulation

(2) Where a data protection action is brought on behalf of a data subject by a body, organisation or association to which section 120(2) of the 2018 Act applies that has been mandated by the data subject to do so, the Civil Bill or other originating document shall -

(i) include a statement to that effect, and

(ii) confirm that the plaintiff satisfies each paragraph of section 120(2) of the 2018 Act.

(3) The Court may, of its own motion or on the application of another party to proceedings to which this rule applies, direct the provision to it of such additional information as is necessary in order to confirm that the plaintiff is such a body, organisation or association by way of further particulars or an affidavit.

[SI 222/19]

4. (1) All applications to the Circuit Court under section 138(4) of the 2018 Act shall be brought in accordance with Order 64B and shall be brought in the County in which the person to whom the application relates ordinarily resides or, where that person has exercised his or her option under section 155 of the 2018 Act, in Dublin.

(2) All applications to the Circuit Court under section 143(1) of the 2018 Act shall be brought in accordance with Order 64B and shall be brought in the County in which the controller or processor concerned has an establishment or, where the controller or processor concerned has exercised his, her or its option under section 155 of the 2018 Act, in Dublin.

(3) All applications to the Circuit Court under section 150(7) of the 2018 Act shall be brought in accordance with Order 64B and shall be brought in the County in which the complainant resides or, where the complainant has exercised his or her option under section 150(10) of the 2018 Act, in Dublin.

(4) All applications to the Circuit Court under paragraph 5 of Schedule 3 to the 2018 Act shall be brought in accordance with Order 64B and shall be brought in the County in which the person to whom the application relates ordinarily resides or, where that person has exercised his or her option under section 155 of the 2018 Act, in Dublin.

[SI 222/19]

5. (1) All appeals to the Circuit Court under section 142 of the 2018 Act shall be brought in accordance with Order 64C and shall be brought in the County in which the appellant controller or processor has an establishment or, where the controller or processor concerned has exercised his, her or its option under section 155 of the 2018 Act, in Dublin.

(2) All appeals to the Circuit Court under section 150(1) or, as the case may be, section 150(5) of the 2018 Act shall be brought in accordance with Order 64C and shall be brought in the County in which the appellant controller or processor has an establishment, or as the case may be, in which the appellant data subject resides, or where the appellant has exercised his, her or its option under section 150(10) of the 2018 Act, in Dublin.

[SI 222/19]

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