01 November 2021
Why are you on Facebook?
In a recent draft decision of the Irish Data Protection Commissioner to other European Data Protection Authorities, the Irish Commissioner addressed whether or not Facebook could rely on the contractual legal basis for certain purposes of its personal data processing, including for behavioral advertising. According to the Commissioner, “a reasonable user would be well-informed […] that [personalized advertising] is the very nature of the service being offered by Facebook and contained within the contract”. Based on this interpretation, it appears that Facebook’s users are on the social network not to connect with their friends and family but rather to receive personalized advertising. Continue reading >>
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17 March 2021
Pandemic Response as Accentuation of Existing Characteristics: Vague Requirements and Executive Dominance in Ireland
In Ireland, it is not constitutionally permissible to declare an emergency in response to COVID-19. The legal response, therefore, has been mounted within the normal constitutional framework. This has consisted of five primary statutes that (a) empower the Minister for Health to make regulations (secondary legislation) imposing restrictions to control the pandemic and (b) establish enforcement powers that the Minister for Health can attach to particular restrictions. By early March 2021, the Minister had made 74 sets of regulations imposing restrictions. Continue reading >>
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11 April 2020
Ireland’s Response to the COVID-19 Pandemic
Like many countries around the world, Ireland has enacted emergency legislation to respond to the coronavirus pandemic. The scope of these powers are vast, impacting on almost every aspect of life in Ireland. Notably, no state of emergency has been declared in accordance with Ireland’s constitutional provisions or under Article 15 of the European Convention on Human Rights (ECHR). Continue reading >>23 April 2017