Data Protection Acts 1. Informal Consolidation - Data Protection Commissioner. Informal Consolidation. IMPORTANT NOTICEThis document is an informal consolidation of the Data Protection Acts 1.
Office of the Data Protection Commissioner. It includes amendments to these Acts made by SI 5. Electronic Privacy Regulations). It also includes references to Statutory Instruments made under the Acts. It is not a legal document and should only be used as an informal guide to the legislation. A pdf version of this document is also available. TABLE OF CONTENTSDATA PROTECTION ACTS, 1. AND 2. 00. 3. AN ACT TO GIVE EFFECT TO THE CONVENTION FOR THE PROTECTION OF INDIVIDUALS WITH REGARD TO AUTOMATIC PROCESSING OF PERSONAL DATA DONE AT STRASBOURG ON THE 2. TH DAY OF JANUARY, 1. AND FOR THAT PURPOSE TO REGULATE IN ACCORDANCE WITH ITS PROVISIONS THE COLLECTION, PROCESSING, KEEPING, USE AND DISCLOSURE OF CERTAIN INFORMATION RELATING TO INDIVIDUALS THAT IS PROCESSED AUTOMATICALLY.
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- Data Protection Acts 19 Informal Consolidation. IMPORTANT NOTICE This document is an informal consolidation of the Data Protection Acts 19.
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- In the quiet days between Christmas and New Year, I had some time to research how DPM2012 SP1 performed with protecting guests on a Windows Server 2012 Hyper-V.
Act]. AN ACT TO GIVE EFFECT TO DIRECTIVE 9. EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 2.
OCTOBER 1. 99. 5 ON THE PROTECTION OF INDIVIDUALS WITH REGARD TO THE PROCESSING OF PERSONAL DATA AND ON THE FREE MOVEMENT OF SUCH DATA, FOR THAT PURPOSE TO AMEND THE DATA PROTECTION ACT, 1. AND TO PROVIDE FOR RELATED MATTERS.[2. Act]1. Interpretation and application of Act.
In this Act, unless the context otherwise requires- "the Act of 2. Data Protection (Amendment) Act, 2. Civil Service Regulation Acts, 1. Civil Service Regulation Acts, 1. Commissioner" has the meaning assigned to it by section 9 of this Act; "company" has the meaning assigned to it by the Companies Act, 1. Convention" means the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data done at Strasbourg on the 2. January, 1. 98. 1, the text of which is set out in the First Schedule to this Act; "the Court" means the Circuit Court; "data" means automated data and manual data; "data controller" means a person who, either alone or with others, controls the contents and use of personal data; "data equipment" means equipment for processing data; "data material" means any document or other material used in connection with, or produced by, data equipment; "data processor" means a person who processes personal data on behalf of a data controller but does not include an employee of a data controller who processes such data in the course of his employment; "data subject" means an individual who is the subject of personal data; "the Directive" means Directive 9.
EC of the European Parliament and of the Council of 2. October 1. 99. 5 on the protection of individuals with regard to the processing of personal data and on the free movement of such data; "direct marketing" includes direct mailing other than direct mailing carried out in the course of political activities by a political party or its members, or a body established by or under statute or a candidate for election to, or a holder of, elective political office; "disclosure", in relation to personal data, includes the disclosure of information extracted from such data and the transfer of such data but does not include a disclosure made directly or indirectly by a data controller or a data processor to an employee or agent of his for the purpose of enabling the employee or agent to carry out his duties; and, where the identifica- tion of a data subject depends partly on the data and partly on other information in the pos- session of the data controller, the data shall not be regarded as disclosed unless the other in- formation is also disclosed; "the EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2 May 1. Protocol signed at Brussels on 1. March 1. 99. 3; "enactment" means a statute or a statutory instrument (within the meaning of the Interpreta- tion Act, 1.
European Economic Area" has the meaning assigned to it by the EEA Agreement; "enforcement notice" means a notice under section 1. Act; "financial institution" means- .
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Central Bank Act, 1. Act; "information notice" means a notice under section 1. Act; "local authority" means a local authority for the purposes of the Local Government Act, 1.
Minister" means the Minister for Justice, Equality and Law Reform; "personal data" means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data controller; "prescribed", in the case of fees, means prescribed by regulations made by the Minister with the consent of the Minister for Finance and, in any other case, means prescribed by regula- tions made by the Commissioner with the consent of the Minister; "the Principal Act" means the Data Protection Act 1. Act; "the register" means the register established and maintained under section 1. Act; "relevant filing system" means any set of information relating to individuals to the extent that, although the information is not processed by means of equipment operating automatically in response to instructions given for that purpose, the set is structured, either by reference to individuals or by reference to criteria relating to individuals, in such a way that specific information relating to a particular individual is readily accessible; "sensitive personal data" means personal data as to - . For the purposes of this Act, data are inaccurate if they are incorrect or misleading as to any matter of fact.(3) (a) An appropriate authority, being a data controller or a data processor, may, as respects all or part of the personal data kept by the authority, designate a civil servant in relation to whom it is the appropriate authority to be a data controller or a data processor and, while the designation is in force- . Act, to be a data controller or, as the case may be, a data processor, and. Act shall not apply to the authority. Without prejudice to paragraph (a) of this subsection, the Minister for Defence may, as.
Defence Forces. designate an officer of the Permanent Defence Force who holds a commissioned rank. Act, to be a data. Act shall not apply to the Minister for Defence, as respects the data concerned.(c) For the purposes of this Act, as respects any personal data- . Defence Forces shall be deemed to be an employee of the Minister for Defence and, where such a designation is in force, such a member (other than the officer the subject of the designation) shall be deemed to be an em- ployee of that officer, and.
Garda Síochána (other than the Commissioner of the Garda Síochána) shall be deemed to be an employee of the said Commissioner.(3. A) A word or expression that is used in this Act and also in the Directive has, unless the context otherwise requires, the same meaning in this Act as it has in the Directive.(3. B) (a) Subject to any regulations under section 1.
Act, this Act applies to data. State and the data are processed in the context of. State nor in any other state that is a. EEA Agreement but makes use of equipment in the State for.
State.(b) For the purposes of paragraph (a) of this subsection each of the following shall be treated. State. (i) an individual who is normally resident in the State. State. iii) a partnership or other unincorporated association formed under the law of the State, and. State - . (I) an office, branch or agency through which he or she carries on any activity, or. II) a regular practice. EEA Agreement shall be construed accordingly.(c) A data controller to whom paragraph (a) (ii) of this subsection applies must, without prejudice to any legal proceedings that could be commenced against the data controller, des- ignate a representative established in the State.(3. C)Section 2 and sections 2.
A and 2. B (which sections were inserted by the Act of 2. Act shall not apply to. National Archives Act 1. This Act does not apply to- . Minister or the Minister for Defence are, or at any. State,(b) personal data consisting of information that the person keeping the data is required by law. A right conferred by this Act shall not prejudice the exercise of a right conferred by the Freedom of Information Act 1.
The Commissioner and the Information Commissioner shall, in the performance of their functions, co- operate with and provide assistance to each other. PROTECTION OF PRIVACY OF INDIVIDUALS WITH REGARD TO PERSONAL DATA2.
Collection, processing, keeping, use and disclosure of personal data. A data controller shall, as respects personal data kept by him or her, comply with the following provisions: (a) the data or, as the case may be, the information constituting the data shall have been. A data processor shall, as respects personal data processed by him, comply with para- graph (d) of subsection (1) of this section.(3) Paragraph (a) of the said subsection (1) does not apply to information intended for inclu- sion in data, or to data, kept for a purpose mentioned in section 5 (1) (a) of this Act, in any case in which the application of that paragraph to the data would be likely to prejudice any of the matters mentioned in the said section 5 (1) (a).(4) Paragraph (b) of the said subsection (1) does not apply to back- up data.(5) (a) Subparagraphs (ii) and (iv) of paragraph (c) of the said subsection (1) do not apply to. Act](7) Where- (a) personal data are kept for the purpose of direct marketing, and(b) the data subject concerned requests the data controller in writing –. I) if the request is under paragraph (b) (i) of this subsection, the data controller- .
A) shall, where the data are kept only for the purpose aforesaid, as soon as may be and in. B) shall not, where the data are kept for that purpose and other purposes, process the data. II) if the request is under paragraph (b) (ii) of this subsection, as soon as may be and in.
A) shall, where the data are kept only for the purpose aforesaid, erase the data, and. B) shall, where the data are kept for that purpose and other purposes, cease processing the.
Understanding and exploiting snapshot technology for data protection, Part 1: Snapshot technology overview. What is a snapshot Snapshot is a common industry term denoting the ability to record the state of a storage device at any given moment and preserve that snapshot as a guide for restoring the storage device in the event that it fails. A snapshot primarily creates a point- in- time copy of the data. Typically, snapshot copy is done instantly and made available for use by other applications such as data protection, data analysis and reporting, and data replication applications. The original copy of the data continues to be available to the applications without interruption, while the snapshot copy is used to perform other functions on the data. Snapshots provide an excellent means of data protection. The trend towards using snapshot technology comes from the benefits that snapshots deliver in addressing many of the issues that businesses face.
Snapshots enable better application availability, faster recovery, easier back up management of large volumes of data, reduces exposure to data loss, virtual elimination of backup windows, and lowers total cost of ownership (TCO). Back to top. How snapshots are implemented There are different implementation approaches adopted by vendors to create snapshots, each with its own benefits and drawbacks. Therefore, it is important to understand snapshot implementations in order to be able to build effective data protection solutions and identify which functions are most critical for your organization to help select the snapshot vendor accordingly. This section describes commonly used methodologies for creating the snapshot.
Copy- on- write. A snapshot of a storage volume is created using the pre- designated space for the snapshot. When the snapshot is first created, only the meta- data about where original data is stored is copied. No physical copy of the data is done at the time the snapshot is created. Therefore, the creation of the snapshot is almost instantaneous. The snapshot copy then tracks the changing blocks on the original volume as writes to the original volume are performed. The original data that is being written to is copied into the designated storage pool that is set aside for the snapshot before original data is overwritten, hence the name "copy- on- write".
Before a write is allowed to a block, copy- on- write moves the original data block to the snapshot storage. This keeps the snapshot data consistent with the exact time the snapshot was taken. Read requests to the snapshot volume of the unchanged data blocks are redirected to the "copied" blocks in the snapshot, while read requests to active data blocks that have been changed are directed to the original volume. Snapshot contains the meta- data that describes the data blocks that have changed since the snapshot was first created. Note that original data blocks are copied only once into the snapshot storage when the first write request is received. The following diagram illustrates a snapshot operation that creates a logical copy of the data using copy- on- write method. Figure 1. Copy- on- write illustration.
Copy- on- write snapshot might initially impact performance on the original volume while it exists, because write requests to the original volume must wait while original data is being "copied out" to the snapshot. The read requests to snapshot are satisfied from the original volumes if data being read hasn’t changed. However, this method is highly space efficient, because the storage required to create a snapshot is minimal to hold only the data that is changing. Additionally, the snapshot requires original copy of the data to be valid. IBM Flash. Copy® (NOCOPY), AIX® JFS2 snapshot, IBM Total. Storage® SAN File System snapshot, IBM General Parallel FIle System snapshot, Linux® Logical Volume Manager, and IBM Tivoli Storage Manager Logical Volume Snapshot Agent (LVSA) are all based on copy- on- write. Redirect- on- write.
This method is quite similar to copy- on- write, without the double write penalty, and it offers offers storage space and performance efficient snapshots. New writes to the original volume are redirected to another location set aside for snapshot. The advantage of redirecting the write is that only one write takes place, whereas with copy- on- write, two writes occur (one to copy original data onto the storage space, the other to copy changed data). However, with redirect- on- write, the original copy contains the point- in- time data, that is, snapshot, and the changed data reside on the snapshot storage.
When a snapshot is deleted, the data from the snapshot storage must be reconciled back into the original volume. Furthermore, as multiple snapshots are created, access to the original data, tracking of the data in snapshots and original volume, and reconciliation upon snapshot deletion is further complicated . The snapshot relies on the original copy of the data and the original data set can quickly become fragmented. IBM N series and the Net. App Filer snapshot implementation is based on redirect- on- write.
Split mirror. Split mirror creates a physical clone of the storage entity, such as the file- system, volume, or LUN for which snapshot is being created, onto another entity of the same kind and the exact same size. The entire contents of the original volume are copied onto a separate volume.
Clone copies are highly available, since they are exact duplicates of the original volume that resides on a separate storage space. However, due to the data copy, such snapshots cannot be created instantaneously. Alternatively, a clone can also be made available instantaneously by "splitting" a pre- existing mirror of the volume into two, with the side effect that original volume has one fewer synchronized mirror. This snapshot method requires as much storage space as the original data for each snapshot. This method has the performance overhead of writing synchronously to the mirror copy. EMC Symmterix and AIX Logical Volume Manager support split mirror. Additionally, any raid system supporting multiple mirrors can be used to create a clone by splitting a mirror.
Log structure file architecture This solution uses log files to track the writes to the original volume. When data need to be restored or rolled back, transactions from the log files are run in reverse. Each write request to the original volume is logged much like a relational database.
Copy- on- write with background copy (IBM Flash. Copy)Some vendors offer an implementation where a full copy of the snapshot data is created using copy- on- write and a background process that copies data from original location to snapshot storage space.
This approach combines the benefits of copy- on- write and split mirror methods as done by IBM Flash. Copy and EMC Time. Finder/Clone. It uses copy- on- write to create an instant snapshot and then optionally starts a background copy process to perform block- level copy of the data from the original volume (source volume) to the snapshot storage (target volume) in order to create an additional mirror of the original volume.
When a Flash. Copy operation is initiated, a Flash. Copy relationship is created between the source volume and target volume. This type of snapshot is called a COPY type of Flash.
Copy operation. IBM incremental Flash. Copy. Incremental Flash. Copy tracks changes made to the source and target volumes when the Flash. Copy relationships are established. This allows the capability to refresh a LUN or volume to the source or target's point in time content using only the changed data. The refresh can occur in either direction, and it offers improved flexibility and faster Flash. Copy completion times.
This incremental Flash. Copy option can be used to efficiently create frequent and faster backups and restore without the penalty of having to copy entire content of the volume .
Continuous data protection Continuous data protection (CDP), also called continuous backup, refers to backups of data when a change is made to that data by automatically capturing the changes to a separate storage location. CDP effectively creates an electronic journal of complete storage snapshots. CDP is different from other snapshot implementation method described in this section because it creates one snapshot for every instant in time that data modification occurs as opposed to one point- in- time copy of the data created by other methods. CDP- based solutions can provide fine restore granularities of objects, such as files, from any point in time to crash consistent images of application data, for example database filer and mailboxes. Back to top. Snapshot and storage stack. A storage stack is comprised of many hardware and software components that render physical storage media to the applications that run on a host operating system.
The diagram below shows commonly used storage stack layers. Aside from different snapshot implementation methods, snapshot solutions can be implemented in many layers in the storage stack. Broadly, snapshots can be created in software based layers or in hardware based layers.
This is also categorized as controller- based (storage device or hardware driven) snapshot or host- based (file- system or volume managers) snapshots. Controller- based snapshots are managed by storage subsystem hardware vendors and are integrated into disk arrays. These snapshots are done at LUN level (block level) and are independent of the operating system and file systems. Host- based snapshots are implemented between the device driver and file- system levels. Snapshot can be performed by file systems, volume managers, or third party software. Host based snapshots have no dependency on the underlying storage hardware but depend on the file- system and volume manager software. Also these snapshots operate on the logical view of the data as opposed to the physical layout of the data which is used by the controller- based snapshot.
Figure 2. Storage stack and snapshot.