Overview

Provides an analysis of the origins, current sources, and character of privacy law in Ireland with a particular focus on how to navigate privacy claims and balance privacy with other interests before the Irish courts. It clarifies the relationship between private law protection of privacy rights in tort and statute, and constitutional conceptions of the right and compares how European Union and international law impacts on the privacy jurisprudence of the Irish courts. Part One: Addresses the sources of privacy rights in Ireland, with an account of how the right to privacy has been protected under the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union, explaining the influence of the ECHR on privacy adjudication before the CJEU and outlining the trickle-down impact of the decisions of both courts on the secondary laws of the European Union, and national law in turn. Part Two: Considers the genres of privacy recognised by the Irish courts namely, personal, spatial and informational privacy. The chapters in this part consider the recent decisions in respect of data retention and privacy rights in Dwyer v Commissioner of Garda Síochána as well as the implications of the CJEU and Supreme Court decisions in the matter for criminal prosecutions relying on data retained under the now invalidated legislation. Part Two also considers the recent Supreme Court decision in DPP v Quinn which adds significantly to the jurisprudence of the Irish courts in respect of digital privacy under Article 40.5 of the Constitution, and has implications for the search of digital devices more broadly. This title is included in Bloomsbury Professional's Intellectual Property and IT online service.

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9781526524485

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Author: Dr Róisín Á Costello, Barrister-at-Law and Assistant Professor at Dublin City University Róisín Á Costello is an Assistant Professor in the School of Law and Government. A graduate of Trinity College Dublin, the Institut d’études politiques de Paris and Georgetown Law Róisín is a qualified barrister and researches and works on EU law, fundamental rights (with a particular focus on privacy and property rights), media law, language rights, and law and literature. Her research has been supervised by and conducted alongside some of the leading privacy lawyers in Ireland, and internationally, including Professor Julie E Cohen, Professor Alvaro Bedoya and Professor Neil M Richards, Dr. Federico Fabbrini and Dr. Eoin O'Dell. Róisín has previously worked with the Georgetown Centre for Privacy and Technology Law and epic.org in Washington DC researching the interaction of privacy and consumer technologies and has published widely in leading peer-reviewed journals on the subjects of privacy and data protection. Róisín completed her PhD in Law at Trinity College Dublin where her doctoral research was funded by the Irish Research Council and examined private actors as norm setters in the digital environment. Prior to joining DCU, Róisín was an Assistant Lecturer in Media and IT Law at Maynooth University and taught at Trinity College Dublin. Consultant Editor Ronan Lupton, Senior Counsel Ronan Lupton is a Senior Counsel practising in the areas of Commercial, Chancery and Media Law and has a keen interest in privacy law. He has particular expertise in Defamation, Data Protection, eCommerce, Freedom of Expression, Intellectual Property, Privacy and Media Contempt, and has a special interest in Shareholder Oppression Disputes and Communications Regulatory Law. In addition to his legal practice, Ronan lectures on the Data Protection and Governance Law programme and is an Adjunct Associate Professor at the Sutherland School of Law at University College Dublin. He has taught Data Protection and Privacy Law at both undergraduate and post graduate level. Ronan is a media law adviser to a number of large media organisations and routinely advises on prepublication and post publication matters. He also advises on complex commercial and technology contracting matters in both the private and public law spheres. He appears as counsel in all forms of commercial, chancery and media law disputes. Ronan was called to the Bar in 2008 and became a Senior Counsel in 2021. He was called to the Bar of England and Wales in 2019. Ronan has acted as an adviser to the Government on media related matters and issues connected to online content, online harms and the welfare and safety of children online. In addition to a civil law practice, Ronan has an active interest in developments in communications regulation and competition law. He has very significant experience in both areas and held a number of senior management roles in the telecommunications and Internet sectors prior to commencing his legal practice at the bar in 2008. He currently acts as independent chair to the telecommunications industry association ALTO.

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