Data Protection Act, 1988
39 of 50
https://www.irishstatutebook.ie/eli/1988/act/25/enacted/en/print.html?printonload=true
1. No exception to the provisions of Articles 5, 6 and 8 of this convention shall be allowed except within the limits
defined in this article.
2. Derogation from the provisions of Articles 5, 6 and 8 of this convention shall be allowed when such derogation is
provided for by the law of the Party and constitutes a necessary measure in a democratic society in the interests of:
a. protecting State security, public safety, the monetary interests of the State or the suppression of criminal
offences;
b. protecting the data subject or the rights and freedoms of others.
3. Restrictions on the exercise of the rights specified in Article 8, paragraphs b, c and d, may be provided by law with
respect to automated personal data files used for statistics or for scientific research purposes when there is obviously
no risk of an infringement of the privacy of the data subjects.
Article 10
Sanctions and remedies
Each Party undertakes to establish appropriate sanctions and remedies for violations of provisions of domestic law
giving effect to the basic principles for data protection set out in this chapter.
Article 11
Extended protection
None of the provisions of this chapter shall be interpreted as limiting or otherwise affecting the possibility for a Party
to grant data subjects a wider measure of protection than that stipulated in this convention.
CHAPTER III—TRANSBORDER DATA FLOWS
Article 12
Transborder flows of personal data and domestic law
1. The following provisions shall apply to the transfer across national borders, by whatever medium, of personal data
undergoing automatic processing or collected with a view to their being automatically processed.
21.02.23, 18:36