What the future of GDPR might look like in Ireland

By Bernie Kelly

It’s been two years since GDPR first came into play, but Ireland has only just issued its first  fine under the regulation. Both fines were for child and family agency, Tusla, regarding serious data breaches.

This is only the start of Ireland’s GDPR rulings. With many Big Tech companies headquartered in the country, it is inevitable that more GDPR related fines will follow.

Ireland currently has 21 open inquiries into global technology firms.

While convictions have appeared slow to get started, these international companies have extensive resources at their disposal and Ireland’s Data Protection Commissioner (DPC) is taking every step to ensure that any fines issued are watertight to prevent the decision being overturned in the courts.

It’s worth keeping in mind that the DPC’s objective is not to issue fines, but to empower and support organisations to embed data protection into their operations so it becomes business as usual.  One of the goals for every data supervisory body across Europe should be to encourage companies to maintain high ethical standards by treating personal data with the appropriate levels of dignity, security and privacy, support organisations with guidance on complex questions related to data protection, while also issuing punitive measures to companies who blatantly disregard the rules for profit.

It’s not just in Europe where data privacy is increasingly a priority for regulators. We’ve seen just how far reaching the ‘Brussels Effect’ has been as the European regulation has helped shape data legislation for many countries such as India, California, Switzerland, Pakistan and Thailand.

The increased level of regulation around the world has been accompanied with increased expectations of how data is handled. Companies will be held to higher and higher standards as personal data becomes more valuable with more protection needed.

This demand for greater ethical and transparent practices can be seen with the Belgian Data Protection Authority (DPA) recently issuing a €50,000 fine to an organization for appointing the head of compliance, audit and risk management as Data Protection Officer (DPO). The Belgian DPA argued that these two combined roles created a conflict of interest. While on the surface this can appear a minor infraction, consider having a football team where one person is a player, coach and referee.

Fundamentally, a DPO must be in a position to independently advise, monitor compliance and, ultimately, give a red card without fear of reprisals from owners, shareholders or managers. Increasingly, the position and independence of a DPO is a barometer of an organisation’s ethical standards.

As data protection acts continue to further define the legal and ethical boundaries for handling personal data, it’s clear that there will be an increased demand on data protection resources as companies may even use their data protection credentials as a point of differentiation in crowded markets.

By Bernie Kelly, Data protection and privacy director  BSc Applied Computing, PGDip Data Analytics, CDPO ,  HewardMills

A certified data protection officer with a passion for data and its management, Bernie has a deep analytical understanding of use and misuse of personal data. 

HewardMills provides world class Data Protection Officer (DPO) support for organisations. We help organisations comply with data laws and regulation including cybersecurity standards and regulatory requirements arising from emerging technologies.

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