IrelandGDPR Articles 12-21 and Data Protection Act 2018 Sections 60-61, Data Subject Rights in Ireland
Regulation (EU) 2016/679, Arts. 12-21; Data Protection Act 2018, ss. 60-61
In force since .
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights, Governance
As of .
What it requires
- Honor a person's request to access, rectify, erase, restrict, port, or object to processing of their personal data in Ireland within one month of receipt.
- You need not complete an access, rectification, restriction or objection request, or, for archiving in the public interest, also a portability request, where doing so would make that archiving, or scientific or historical research or statistics, impossible or seriously impair it, under Data Protection Act 2018 section 61.
- You may restrict a person's rights under General Data Protection Regulation (GDPR) Articles 12 to 22 to the extent necessary to establish, exercise or defend a legal claim, or where the personal data is an opinion about the person given to you in confidence, under Data Protection Act 2018 section 60(3).
If you get it wrong
Criminal exposureNo
Private right of actionYes
Penalty structure
GDPR Article 83(5)(b): the higher fine tier, up to EUR 20,000,000 or 4% of total worldwide annual turnover of the preceding financial year, applies to infringement of the data subjects' rights in Articles 12 to 22, including the Article 22 right against solely automated decision making.
- Rule
- Higher of
- As of
- Currency
- EUR
- Fixed cap
- 20,000,000
- Turnover percentage cap
- 4
Who enforces it
Enforcement body
Data Protection Commission (An Coimisiún um Chosaint Sonraí), Ireland's supervisory authority under the GDPR and the Data Protection Act 2018.
Enforcement record
Counts the Data Protection Commission's finalised large scale statutory inquiries that resulted in an administrative fine in calendar year 2025 (4), per the Commission's own press release announcing its 2025 Annual Report, published : two fines totalling EUR 530 million against TikTok Technology Limited over transfers of EEA user data to China, and a EUR 550,000 fine against the Department of Social Protection over biometric facial matching in the Public Services Card registration process; fines_per_year of just over EUR 530.77 million is the release's own stated total for the year. Public enforcement actions only, counted from the Commission's own announcement rather than a private tracker; the release does not restate a cumulative since-2018 total, so total_fines is not recorded here. This is the regime's own enforcement record, not specific to this instrument.
- As of
- Currency
- EUR
- Source link
- https://www.dataprotection.ie/en/data-protection-commission-publishes-2025-annual-report
- Fines per year
- 530,770,000
- Actions per year
- 4
What this law does
Under General Data Protection Regulation (GDPR) Articles 12 to 21, a person in Ireland can ask a controller for access to their personal data and for its rectification, erasure, restriction or portability, or object to its processing, and the controller must answer within one month, a period it may extend by two further months for complex or numerous requests. The Data Protection Act 2018 narrows these rights in two ways that reach a private controller.
Section 61 restricts access, rectification, restriction and objection, and for archiving in the public interest also notification and portability, where exercising them would make archiving, scientific or historical research, or statistics impossible or seriously impair it. Section 60(3) restricts the rights in Articles 12 to 22 to the extent necessary for a legal claim or legal proceedings, or where the data are an opinion about the person given in confidence.
When LexLint raises it
When your app profile says your app crawls the web, trains models, generates content with AI, deploys a chatbot or sends automated outreach.