Criminals, Data Protection and the Right to a Second Chance

Abstract

In 2016 Ireland adopted its first legislation to allow for expungement of adult criminal records and, in doing so, highlighted a changing technological and legal context which challenges the assumptions underlying rehabilitation laws. The potential impact of convictions on individuals' life chances has increased as mandatory vetting has become more widespread. Even where vetting is not required, the practical obscurity of old convictions has been undermined by internet search engines which render criminal histories easily accessible. In the other direction, the European Court of Human Rights and the Court of Justice of the European Union have developed privacy and data protection principles which require states to limit the availability of information about old convictions. This article outlines the Irish legislation and use it as a case study to consider these wider issues, examining its legal context and how it illustrates the growing importance of European privacy and data protection norms in national criminal justice and rehabilitation systems.