The following is a sample of three case histories that came before the Data Protection Commissioner.
Alleged Garda access to phone records
A journalist alleged that gardaí had accessed her mobile phone records without proper authority. Access to such records can be authorised by a Garda chief superintendent or colonel in the Defence Forces. Under legislation, the telephone service provider is prohibited from disclosing such access.
The Data Commissioner issued an "information notice" to the company, requiring the furnishing of specified information. Following consideration of the response to his notice, he found that the company had not contravened any provision of the Act. In so deciding, he did not confirm or deny that the Garda had sought or received the information in question as to do so "could frustrate the powers of the Garda in its normal work".
Photos of Women's Mini-Marathon
An entrant in last year's Women's Mini-Marathon complained that photographs were taken of her 14-year-old daughter, who also took part in the event, and displayed on a website without their consent. The company responsible wrote to the teenager offering her the photos for sale.
The mother complained that she had not given permission to the organisers of the event to supply her daughter's personal details to the company, or to take photos.
The photos were subsequently removed from the website at the Data Commissioner's request. The organisers agreed to revise their procedures for future events, and to give participants an option on photos on a revised entry form.
Inappropriate data on Garda computer system
A complainant believed the Garda was holding false data about her on its Pulse database. She made an access request under the Data Protection Act, 1988 but did not believe it had been complied with.
The Commissioner raised the matter with the Garda which said it had identified a comment about the complainant recorded on the database. The Garda said it deemed the comment inappropriate and deleted it.
The Commissioner criticised the Garda for doing so, saying it should have supplied the data in question first.
He added he accepted information was the "lifeblood" of the police force but it had to be relevant, appropriate and of an operational nature if it was to be stored.
