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Ireland Data Protection Law: DPC Complaints, CCTV and Recording

By Recording Law Editorial Team7 min read

Frequently Asked Questions

Is it legal to record a phone call in Ireland?

Yes, if you are a party to the call. Section 98(6) of the Postal and Telecommunications Services Act 1983, as substituted by the 1993 Act, excludes recording from the definition of interception where either the sender or the intended recipient has consented. Recording a call you are not part of is a separate offence under section 98(1).

Can my employer record me at work?

An employer needs a lawful basis under the GDPR and cannot rely on your consent, because of the power imbalance in an employment relationship. The DPC treats recording an employee without their knowledge as generally unlawful outside narrow, case by case exceptions backed by a written policy and a data protection impact assessment.

Can I complain about a neighbour's CCTV camera?

The Data Protection Commission cannot order a neighbour to take down a camera. It writes to the owner explaining the household exemption rules. The practical remedy for actual harm is a data protection action under section 117 of the Data Protection Act 2018, where awards so far have been modest.

How do I make a complaint to the Data Protection Commission?

Use the free webform at forms.dataprotection.ie/contact after first raising the issue with the organisation involved. The DPC must give you an update or an outcome report within 3 months.

Can the DPC award me compensation?

No. The DPC investigates complaints and can act against an organisation, but a money claim for material or non-material damage has to be brought as a data protection action under section 117 of the Data Protection Act 2018, in the Circuit Court, the High Court, or since 11 January 2024, the District Court.

Does a doorbell camera have to follow GDPR rules?

Only once it looks beyond the perimeter of your own property. The DPC has said a doorbell that only records the private area within your own boundary, and is not continuously recording, is likely to stay inside the household exemption and outside GDPR obligations.

Sources and References

  1. Data Protection Commission: contact and complaint webform(dataprotection.ie).gov
  2. Data Protection Commission: Complaints handling, investigations and enforcement for individuals(dataprotection.ie).gov
  3. Data Protection Commission: Right of access (making an access request)(dataprotection.ie).gov
  4. Data Protection Act 2018 (Revised), including ss. 46, 47 and 117, Revised Acts(revisedacts.lawreform.ie).gov
  5. Data Protection Commission: Guidance on the use of Domestic CCTV(dataprotection.ie).gov
  6. Court of Justice of the EU, Case C-212/13 Rynes (11 December 2014)(eur-lex.europa.eu).gov
  7. Regulation (EU) 2016/679 (GDPR), Article 2(2)(c) household exemption(eur-lex.europa.eu).gov
  8. Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993, s. 13(3) substituting s. 98(6) of the 1983 Act(irishstatutebook.ie).gov
  9. Postal and Telecommunications Services Act 1983, s. 98 (as enacted; note subsection (6) was inserted by s. 13(3) of the 1993 Act)(irishstatutebook.ie).gov
  10. S.I. No. 336 of 2011: Privacy and Electronic Communications Regulations, Regulation 5 (confidentiality of communications)(irishstatutebook.ie).gov
  11. Data Protection Commission announces conclusion of inquiry into Meta Ireland, €1.2 billion fine (May 2023)(dataprotection.ie).gov
  12. Kaminski v Ballymaguire Foods Ltd [2023] IECC 5 (Circuit Court, 11 July 2023)(courts.ie).gov
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