S.I. No. 374/1999 - Circuit Court Rules (No. 2) (Data Protection Act, 1988), 1999.

1. In this Order “the Act” means the

Data Protection Act, 1988

(No. 25 of 1988), and “the Commissioner” has the meaning assigned to it by section 9 of the Act.

Rule Two

2. All applications made or proceedings taken before these Rules shall have come into operation but which are in accordance with the existing Rules and practice of the Court shall have the same validity as applications made or proceedings taken in accordance with these Rules.

Rule Three

3. All appeals to the Circuit Court for the reliefs set out in section 26 of the Act, shall be made by way of Motion on Notice grounded upon Affidavit sworn by the appellant which said Affidavit shall exhibit

(

a

) the original enforcement notice/information notice/prohibition notice/refusal by the Commissioner under section 17 of the Act/decision of the Commissioner in relation to a complaint under section 10(1)(a) of the Act as appropriate

and

(

b

) the original letter from the Commissioner serving the relevant notice upon the appellant and/or notifying the appellant of the making of the relevant decision or refusal. The aforementioned Affidavit shall contain an averment setting out the date upon which it is alleged the relevant notice was served upon the appellant and/or the date upon which notification of the relevant decision or refusal was received by the appellant together with a summary of the grounds of appeal.

Rule Four

4. Appeals shall be brought in the County where the appellant ordinarily resides or carries on any profession, business or occupation or, at the option of the appellant, in Dublin.

Rule Five

5. Notice of every appeal shall be given to the Commissioner in accordance with the time limits specified in the Act. Such notice shall be effected before filing of the appeal by the delivery of a copy of the appeal at, or by sending the same by prepaid registered post to, the Office of the Data Protection Commissioner.

Rule Six

6. All appeals under Section 26 of the Act shall be heard upon Affidavit evidence only, save where the Court shall otherwise direct.

Rule Seven

7. The Court may, upon application to it by any party to an appeal, direct that such other person or persons be joined as Notice Party(ies) to the appeal as the Court shall deem fit upon such terms as the Court shall direct.

Rule Eight

8. The Court may make such Order as to costs as may be appropriate.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules prescribe Circuit Court procedures in respect of appeals brought under

Section 26

of the

Data Protection Act, 1988

.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of

section 69

of the

Courts of Justice Act, 1936

, and

section 12

of the

Courts of Justice Act, 1947

, by virtue of the powers conferred on us by

section 66

of the

Courts of Justice Act, 1924

, and

section 70

of the

Courts of Justice Act, 1936

, (as applied by

section 48

of the

Courts (Supplemental Provisions) Act, 1961

) and

section 27

of the

Courts (Supplemental Provisions) Act, 1961

, and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the annexed Rules of Court.

Dated this 1st day of October, 1999.

(Signed): Esmond Smyth

(Chairman of the Circuit Court Rules Committee)

Kieran O'Connor

Carroll Moran

Anne Dunne

Fergal Foley

Gerard J. Doherty

Joe Deane

Susan Ryan (Secretary)

I concur in the making of the above Rules of Court.

Dated this 25th day of November, 1999

Signed: JOHN O'DONOGHUE,

Minister for Justice, Equality and Law Reform.

ORDER 63C

Rule One