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Personal Data Access Requests

A recent High Court decision confirmed that a request for access to personal data under the Data Protection Acts 1988 and 2003 (as amended) (the “DPA”) was incorrectly denied by a data controller even though the subject matter of the request may be used as evidence in court proceedings between the person making the access request and the data controller. In this case an alleged accident took place on a Dublin Bus vehicle. The claimant instigated a personal injury action against the bus operator and subsequently made an access request under the DPA for CCTV footage of the incident, which was held by Dublin Bus. Dublin Bus refused the access request and would not provide the information, arguing that the information fell within a legal privilege exception in the DPA as it was prepared in contemplation of litigation. The Data Protection Commissioner and the Circuit Court both held that Dublin Bus must release the data pursuant to the access request. On appeal the High Court refused to overturn those decisions. If you require further information on data protection legislation please contact George Kennedy, Solicitor, Corporate and Commercial Department.
 

2018-11-13T10:48:42+00:00December 1st, 2012|Latest News|
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