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Getting Ready for the GDPR


About the course

    • Date
      • 25 May 2018
    • Time
      • 6 – 8 pm
    • Venue
      • Long Room Hub
    • CPD Hours/Numbers
      • 2

    This panel event will provide a timely update on the General Data Protection Regulation (GDPR), which comes into force on the 25th of May 2018. Our speakers will cover a number of important topics including: state of play on the GDPR in the Irish context; data protection damages; the new Irish Data Protection Bill; and issues raised by emerging technologies, focusing on the example of commercial genetic tests.

    This event is organised by Trinity College Law School’s Technology, Law and Society Research Group (TLS) and will take place on Wednesday, 9th May 2018 (6 pm - 8 pm)



Programme

5.30 Registration
6.00

GDPR State of Play

This paper will address:

  • A high level overview of GDPR and how it relates to the current Data Protection regime - the principles of data protection – what is new - the implications of the changes which apply from 25 May in legal terms (new and enhanced data subject rights, controller and processor obligations, time limits, competencies, fines, DPOs)
  • Practical changes in the regulatory environment as a result of GDPR – structure of the Data Protection Act 2018 (implications of implementing a Regulation instead of transposing a Directive) - a summary of the trans-EU impact of GDPR and the enhanced scope covering extra-EU aspects –implications of changes to the role of the Irish Data Protection Commissioner arising from the Data Protection Act[1] 2018
  • Where to get guidance (Article 29/EDPB; Commission web pages).
  • Niall J Cavanagh
    6.20

    Damages claims under the General Data Protection Regulation

    This paper will consider damages claims under the General Data Protection Regulation (Regulation (EU) 2016/679; GDPR) in four contexts:

    • (i) the incorporation of the Article 82(1) GDPR claim for compensation for material and non-material damage by section 112 of the Data Protection Bill, 2018;
    • (ii) the possibilities of collective redress pursuant to Article 80 GDPR;
    • (iii) jurisdictional issues, on which the GDPR and the Bill are silent; and
    • (iv) special rules applicable to children, on which the GDPR and the Bill are incomplete.
    Dr. Eoin O'Dell
    6.50 Questions and Discussion
    6.50 Tea/Coffee
    7.05

    Data Protection Act 2018: Key Issues and Challenges

    The Data Protection Bill 2018, which is currently being debated in the Houses of the Oireachtas, represents the most significant change to date in the Irish legislative landscape governing data protection. This paper examines the new legislative regime, considers its relationship with the GDPR and will explore a number of key issues and challenges to which it gives rise.

    Dr. David Fennelly BL
    7.25

    Reading the fine print – direct-to-consumer genetic tests – privacy policies and electronic contracts

    This will provide an overview of key issues raised by emerging technologies, focusing on the example of direct-to-consumer(DTC) genetic tests. It will introduce you to the spectrum of services provided by the DTC industry and discuss the use of privacy policies and electronic contracts by the DTC industry. Stored genomic data poses serious risks for individual and group privacy and reform is needed in order for businesses to be compliant with the GDPR as well as consumer protection law. This work is linked to my forthcoming book, Buying Your Self on the Internet: Wrap Contracts and Personal Genomics (2018/19).

    Dr. Andelka M. Phillips
    7.45 Questions and Discussion
    8.00 Conference ends

    Speakers

    Niall J. Cavanagh, BSc. (Hons), CEng MIEI, BL, Assistant Commissioner (Senior Legal Adviser) in the Office of the Data Protection Commissioner

    Niall qualified with a degree in Computer Science in Queen’s University of Belfast in 1991, then worked within international telecommunications companies as a Systems Manager, developer, Business Analyst and Programme Manager for 12 years. During that time, he was enrolled as a Chartered Engineer with the Engineering Institute of Ireland (now Engineering Ireland).

    He was called to the Bar of Ireland in 2005 and practised as a Barrister at Law in the Eastern Circuit and Dublin until 2017.

    In December 2017, he joined the Office of the Data Protection Commissioner in Ireland as an Assistant Commissioner, in the role of Senior Legal Adviser.

    Dr David Fennelly, LL.B.(Ling.Franc., Dubl.), LL.M.(NYU), Ph.D.(Dubl.), Barrister-at-Law, Assistant Professor in Law in the School of Law, Trinity College Dublin

    David Fennelly is assistant professor at the School of Law, Trinity College Dublin, where he co-teaches Data Protection: Law, Policy and Practice on the LLM Programme. David is also a practising barrister and regularly appears in proceedings, including in the field of data protection, before the Irish and European courts. He is also a member of the Government Data Forum.

    https://www.tcd.ie/research/profiles/?profile=fenneld

    Dr Eoin O’Dell, BCL (NUI), BCL (Oxon), PhD (Cantab), MA (jo) (Dubl), LLM (a e Oxon) (Dubl), Barrister (Kings Inns), FTCD, Associate Professor of Law in Trinity College Dublin.

    Eoin O’Dell is an Associate Professor in the Law School at Trinity College Dublin. He researches and publishes primarily in the fields of freedom of expression, and private and commercial law - and especially where they overlap in IP, IT and cyberlaw.

    He has been Chair of the Fellows in Trinity College Dublin, President of the Irish Association of Law Teachers, a Member of the Council and Executive of the Society of Legal Scholars in the UK and Ireland, and Editor of the Dublin University Law Journal.

    He has a diverse range of experience, which includes: chairing Copyright Review Group which presented its final report to the Minister for Jobs, Enterprise and Innovation in October 2013; he was a member of the Government Data Forum, established by the Minister of State with responsibility for Data Protection to advise Government on the challenges that arise from the growth in the digital economy; and he is also Legal Advisor to the Digital Repository Ireland.

    https://www.tcd.ie/research/profiles/?profile=odelle

    http://dri.ie/dri-team/eoin-odell

    http://www.cearta.ie

    Dr Andelka M. Phillips, LLB/BA, BA(Hons), LLM(First Class Honours) (Auckland), DPhil (Oxon) Ussher Assistant Professor in IT Law in the School of Law, Trinity College Dublin

    Andelka M. Phillips is the Ussher Assistant Professor in Information Technology Law in the Law School at Trinity College Dublin, where she is also the convenor of Technology, Law and Society Research Group. She is also a Research Associate with the University of Oxford’s Centre for Health, Law and Emerging Technologies (HeLEX) Centre.

    Her recent research has focussed on the regulation of direct-to-consumer genetic tests and she is currently working on a book, entitled Buying Your Self on the Internet: Wrap Contracts and Personal Genomics to be published by Edinburgh University Press as part of its Future Law series. She is also co-editing with Professor Jonathan Herring and Dr Thana Campos Philosophical Foundations of Medical Law, which will be published as part of Oxford University Press' Philosophical Foundations of Law series.

    www.andelkamphillips.com

    [1] Assuming the Bill is passed by then…

    Reservations

    Fees

    Normal: €150.00 for 1 person/conference; Group rates: €270 for 2[1]; €385 for 3; €480 for 4.

    TCD CPD members rate: €120 per 1 person per conference; €215 for 2 (at one conference) or for 1 to attend both conferences.

    Reduced rate*: €135 per 1 person per conference or €240 for 1 person to attend both conferences.

    Note: Fees are inclusive of tea/coffee breaks and conference materials. Cheques should be made payable to TCD No. 1 Account. Invoices may be requested for payments by bank transfer.