Mentions that the information can be used as authorized by law. This seems to allow reliance on free speech. It is however likely that criminal charges will be sought against anyone who invokes the free speech exemption. All legal experts we spoke to believe Article 1 itself breaches Irish and EU law. It could be interpreted as still allowing free speech but would likely resist this suggestion. This will only lead to more and more procedural litigation rather than solving the problem.
Irish law cannot be extended to the rest of the EU. although it has previously been indicated that its orders or principles will apply to other EU member states. Same art. Section clarifies that each data protection authority shall have jurisdiction only within its Email Marketing List member states. EU law in addition to Irish law therefore prohibits the application of Article 1 outside Ireland. Although Article 1 would cause serious problems for Irish people it is clear that by law it does not apply to persons outside Ireland. Ireland has no power to police free speech in other EU countries EU cooperation remains strained.
While generally all other data protection authorities provide unrestricted access to files with the exception of bona fide trade secrets etc. some Member States are also subject to additional obligations under freedom of information rules. Ireland's unique approach of simply declaring the entire process confidential could cause further tensions between Ireland and the agency, which is already suing the European Court of Justice. Although EU law takes precedence over national law but taking advantage of this difference effectively ignores requests from other data protection authorities or. It is clear that EU law takes precedence over the Irish gag order but this will in fact be used to further block proceedings against big tech companies.