Data Protection Act, 1988
19 of 50
https://www.irishstatutebook.ie/eli/1988/act/25/enacted/en/print.html?printonload=true
(b) if such compliance materially modifies the data concerned, any person to whom the data were disclosed during
the period beginning 12 months before the date of the service of the enforcement notice concerned and
ending immediately before such compliance,
of the rectification, erasure or statement concerned.
(8) The Commissioner may cancel an enforcement notice and, if he does so, shall notify in writing the person on
whom it was served accordingly.
(9) A person who, without reasonable excuse, fails or refuses to comply with a requirement specified in an
enforcement notice shall be guilty of an offence.
Prohibition on transfer of
personal data outside
11.—(1) The Commissioner may, subject to the provisions of this section, prohibit the transfer of personal data from
the State to a place outside the State.
State.
(2) The Commissioner, when considering whether to prohibit a proposed transfer of personal data from the State to a
place in a state bound by the Convention, shall have regard to the provisions of Article 12 of the Convention.
(3) The Commissioner shall not prohibit a proposed transfer of personal data from the State to a place outside the
State unless he is of opinion that the transfer would, if the place were in a state bound by the Convention, be likely to
lead to a contravention of the basic principles for data protection set out in Chapter II of the Convention.
(4) In determining whether to prohibit a transfer of personal data under this section, the Commissioner shall also
consider whether the transfer would be likely to cause damage or distress to any person and have regard to the
desirability of facilitating international transfers of data.
(5) A prohibition under subsection (1) of this section shall be effected by the service of a notice (referred to in this Act
as a prohibition notice) on the person proposing to transfer the data concerned.
(6) A prohibition notice shall—
(a) prohibit the transfer concerned either absolutely or until the person aforesaid has taken such steps as are
specified in the notice for protecting the interests of the data subjects concerned,
(b) specify the time when it is to take effect,
21.02.23, 18:36