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Data Protection - international subject access?

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Data Protection - international subject access?

Postby formerly_IKB » Mon Feb 01, 2016 8:36 pm

Mr Takamura in Tokyo has a contractual relationship with a company based in Ireland. He would like to make a subject access request for the data about him held by the Ireland-based company. Ireland has a Data Protection Act entitling an individual to make a 'subject access request' and get a copy of the information held. My question is, does the Irish legal entitlement to access data extend to anyone, whether they live in Ireland or not?
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Re: Data Protection - international subject access?

Postby atticus » Mon Feb 01, 2016 10:37 pm

The laws of the Republic of Ireland are not my specialist subject.

If you were talking about a company in the UK, I would answer that Mr Takamura may make a subject access request under the Data Protection Act 1998. He is an "individual", and therefore has the right to make such a request.
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Re: Data Protection - international subject access?

Postby dls » Wed Feb 03, 2016 2:37 pm

Similarly I know nothing of Irish DP law save that very probably it is derived from European legislation governing our own.

Data protection regulates the conditions for holding information. That has to do with the place in which it is held, and is not dependant on the location of an inquirer.

There may of course be particular rules saying otherwise, but I know of none, and they would appear to be contrary to principle.
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Re: Data Protection - international subject access?

Postby formerly_IKB » Thu Feb 04, 2016 10:38 pm

I contacted the Irish data protection office. They confirmed that an individual has a right of access to data held by an Irish data controller regardless of the nationality or place of residence of the individual.
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