A Data Protection Impact Assessment is a risk assessment in respect of the effects of data collection and processing on the data subject.
GDPR makes it compulsory to complete a DPIA if the processing of personal data is “likely to result in a high risk to the rights and freedoms of natural persons”. Such a risk includes where there is a possibility of disclosure of data (intentionally or by way of data breach) or where the use of the data has an impact on the data subject.
Even when a DPIA does not appear to be mandatory, it is always a good idea to complete the impact assessment on the occurrence of certain events, in order to be able to demonstrate GDPR compliance if an issue should ever arise and to ensure that your organisation is following best practice in relation to the privacy of your staff, customers and others. I would regard the following events as being a trigger to a DPIA:
– Opening a new business;
– The beginning of any new project involving personal data;
– If you begin collecting or processing special category data;
– If you begin to use data in a new way;
– The beginning of any direct marketing campaign;
– A new relationship wherein you will be passing data to a third party;
– Use of new software or IT;
– Employing a number of employees or creating a new category of employee;
– Every few years to ensure continuing good practice.
The DPIA involves describing the data processing activity, assessing the necessity and proportionality of the processing, identifying and assessing the risks to the rights and freedoms of individuals and stating the measures that will be taken to mitigate the risks. It involves compliance with approved codes of conduct. The DPIA is a living document and you will likely refer to it often, and use it as a guide for your data processing activities.
The above is intended for information purposes only, and is not intended to be relied upon as legal advice Please contact us on 01- 6763257 for advice specific to your needs. We, at Fitzsimons Redmond are happy to work with you to develop a robust DPIA for your business.
By Lisa Quinn O’Flaherty
What is Data Protection and GDPR?
Data protection and the governing regulation, GDPR are the rules surrounding personal data. Personal data is any information from which an individual may be identified. The rules require that you have a valid reason for holding personal data and that you treat personal data with due care. GDPR explains in detail the valid reasons and the way data should be treated.
Fitzsimons Redmond is delighted to become a signatory to the Law Society of Ireland’s Gender Equality, Diversity and Inclusion Charter. We are committed to being a leader in respect of fairness, equality of opportunity and inclusion. The signatories to this Charter have committed to treat all individuals and groups of individuals fairly and equally and no less favourably, specific to their needs, in areas of gender, civil status, family status, sexual orientation, religion, age, race, class, disability or membership of the Traveller Community. As such, signatories will:
- Recognise the individual needs of those they employ and support them to develop to their full potential.
- Ensure equal access to opportunities for those they employ.
- Ensure their policies, procedures and processes promote gender equality, diversity and inclusion.
- Carry out their work without bias, in a respectful and non-discriminatory manner.
- Build awareness and understanding of the benefits of promoting gender equality, diversity and inclusion.
- Assign responsibility for meeting the Gender Equality, Diversity and Inclusion Charter commitments to a named senior partner or member of staff.
Our GEDI Director is Lisa Quinn O’Flaherty, solicitor. She can be contacted at firstname.lastname@example.org.
Employers have been faced with numerous new challenges and responsibilities in the wake of Covid-19. This article aims to make it easier for employers to be aware of their new responsibilities to their workers.
The Safety, Health and Welfare at Work Act is the main piece of legislation that governs a safe workplace and requires employers to provide a safe working environment. Employers also need to be vigilant to protect themselves from civil claims in relation to workplace injuries. There is no relaxation of the usual rules during this crisis.
The Court of Appeal has overturned the High Court decision in the Roderick Jones case. The High Court had made a finding that a the requirement for a naturalisation applicant to have ‘continuous residence’ in Ireland for one year prior to submitting their papers, was in fact, a requirement to remain within in the state for a one-year period. This decision was widely criticised as it left a number of applicants in limbo, having previously relied on the ‘six week rule’.
We are all delighted to welcome back Andrew Young to Fitzsimons Redmond, as a legal executive. Andrew previously worked here as a summer intern in 2018 and we are delighted to welcome him back. Since he last worked here, he has completed his law degree at Dublin Business School and has worked in the corporate and commercial section of an international law firm. Andrew plans to begin the law society entrance exams shortly, and then begin his solicitor traineeship. We hope he will be very happy with us!
Our Lisa Quinn O’Flaherty has been shortlisted as a finalist in the Lawyer of the Year category of the Lincoln Early Career Awards 2019. We wish her every success at the award ceremony in October.
Solicitor, Lisa Quinn O’Flaherty has been invited to take part in a panel discussion on innovation in the legal profession and the business of law, at the Innovate Legal: Dublin event, which will take place at Huckletree, Pearse Street on Tuesday 17th September at 18.00pm. This is one of a series of information events for legal professionals organised by Clio, and the first to take place in Ireland. Lisa will be discussing, together with other legal innovators, what Fitzsimons Redmond does to ensure that we are on top of legal trends and what we do differently to ensure a high standard of client service.
The event is free and open to the public. Tickets may be booked via eventbrite:
The recent changes to the Residential Tenancies Acts 2004- 2019 mean that those with a lease or licence for student accommodation are now protected to some extent by the residential tenancies legislation. Many term-time tenancies were previously considered as licences and fell outside the legislation.
This is an important update on submitting applications for Irish citizenship by naturalisation. In the recent appeal of a refusal of Irish citizenship by Roderick Jones, it was argued that the Minister ought not to have refused the application where the applicant had spent 100 days abroad in the year leading up to his application, as there were valid reasons for Mr Jones’ absence from the state and it did not suggest that he was no longer continuously resident. The High Court however made a surprising decision, by applying a literal interpretation of the word continuous in the legislation. It was held that any absence whatsoever from the state during the year prior to application would make the applicant ineligible for naturalisation.