Data Protection Act 1988 Revised - Number 25 of 1988 - administrative consolidation

Sep 17, 2026

Uploaded by Xiajie

Administrative consolidation of the Data Protection Act 1988, prepared by the Law Reform Commission to keep statute law under review and to revise and consolidate the Act. The revised version states it is updated to 10 November 2025 and reflects changes and related Acts and statutory instruments considered up to specified dates, including referenced regulations and amendments. It includes a detailed arrangement of sections covering definitions, collection and processing of personal data, sensitive data, security and fair processing, data subject rights, enforcement, registration, offences, penalties, and schedules for the Convention and commissioner-related matters.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages99

Reading Time4 h 9 min

AccessFree to download

Arrangement of Sections

Preliminary

Protection of Privacy of Individuals with regard to Personal Data

The Data Protection Commissioner

Registration

Miscellaneous

First Schedule

Second Schedule

Third Schedule

Changes to LegislaƟon: as of 14 September 2026, this Act is up to date with all changes known to be in force. Number 25 of 1988 DATA PROTECTION ACT 1988 REVISED Updated to 10 November 2025 This Revised Act is an administrative consolidation of the Data Protection Act 1988. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law. All Acts up to and including the Electricity (Supply) (Amendment) Act 2025 (12/2025), enacted 20 November 2025, and all statutory instruments up to and including the Data Protection Act 1988 (Section 2B) Regulations 2025 (S. I. No. 537 of 2025), made 10 November 2025, were considered in the preparation of this Revised Act. Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or o missions. Please notify any errors, omissions and comments by e mail to [revisedacts@law reform. ie](revisedacts@law reform. ie). Number 25 of 1988 DATA PROTECTION ACT 1988 REVISED Updated to 10 November 2025 ARRANGEMENT OF SECTIONS Preliminary Section 1. Interpretation and application of Act. Protection of Privacy of Individuals with regard to Personal Data 2. Collection, processing, keeping, use and disclosure of personal data . 2A. Processing of personal data . 2B. Processing of sensitive personal data . 2C. Security measures for personal data . 2D. Fair processing of personal data . 3. Right to establish existence of personal data . 4. Right of access . 5. Restriction of right of access . 6. Right of rectification or erasure . 6A. Right of data subject to object to processing likely to cause damage or distress . 6B. Rights in relation to automated decision taking. 7. Duty of care owed by data controllers and data processors . 8. Disclosure of personal data in certain cases . The Data Protection Commissioner 9. The Commissioner. 10. Enforcement of data protection. 11. Prohibition on transfer of personal data outside State . 12. Power to require information. 12A. Prior checking of processing by Commissioner. 13. Codes of practice. 14. Annual report. [No. 25.] Data Protection Act 1988 [1988 .] 15. Mutual assistance between parties to Convention. Registration 16. The register. 17. Applications for registration. 18. Duration and continuance of registration. 19. Effect of registration. 20. Regulations for registration. Miscellaneous 21. Unauthorised disclosure by data processor. 22. Disclosure of personal data obtained without authority. 22A. Journalism, literature and art. 23. Provisions in relation to certain non-residents and to data kept or processed outside State . 24. Powers of authorised officers . 25. Service of notices. 26. Appeals to Circuit Court. 27. Evidence in proceedings. 28. Hearing of proceedings. 29. Offences by directors, etc . , of bodies corporate . 30. Prosecution of summary offences by Commissioner. 31. Penalties. 32. Laying of regulations before Houses of Oireachtas . 33. Fees . 34. Expenses of Minister. 35. Short title and commencement. FIRST SCHEDULE CONVENTION FOR THE PROTECTION OF INDIVIDUALS WITH REGARD TO AUTOMATIC PROCESSING OF PERSONAL DATA DONE AT STRASBOURG ON THE 28TH DAY OF JANUARY, 1981 SECOND SCHEDULE THE DATA PROTECTION COMMISSIONER THIRD SCHEDULE PUBLIC AUTHORITIES AND OTHER BODIES AND PERSONS [No. 25.] Data Protection Act 1988 [1988 .] ACTS REFERRED TO Central Bank Act, 1971 Civil Service Commissioners Act, 1956 Civil Service Regulation Acts, 1956 and 1958 Companies Act, 1963 Companies Acts, 1963 to 1

FAQs

What is the purpose of this Revised Act?

It administratively consolidates the Data Protection Act 1988, prepared to keep the law under review and to revise and consolidate statute law relating to the automatic processing of personal data.

What update timeframe does the Revised Act state?

It indicates the revised version is updated to 10 November 2025 and notes that Acts and statutory instruments considered during preparation were up to specified dates and references.

What main topics are covered in the arrangement of sections?

The arrangement includes provisions on interpretation, collection and processing of personal data (including sensitive data), security and fair processing, data subject rights such as access and rectification, enforcement and the commissioner, registration, offences and penalties, and scheduled materials.

Sep 17, 2026

Uploaded by Xiajie