Alan Shatter to appeal data protection case to High Court

Former minister for justice understood to be appealing decision over Wallace disclosure

Former minister for justice Alan Shatter has lodged an appeal to the High Court over a Circuit Court decision in a case against the Data Protection Commmissioner. Photograph: Brenda Fitzsimons / The Irish Times
Former minister for justice Alan Shatter has lodged an appeal to the High Court over a Circuit Court decision in a case against the Data Protection Commmissioner. Photograph: Brenda Fitzsimons / The Irish Times

Former minister for justice Alan Shatter has lodged an appeal to the High Court over a Circuit Court decision in a case against the Data Protection Commmissioner.

It is understood this relates to an appeal lost by Mr Shatter last month at the Circuit Civil Court over a decision by the Data Protection Commissioner that he breached data protection laws by disclosing information about Independent TD Mick Wallace on RTE’s Prime Time.

The commissioner found that Mr Shatter had failed to uphold his statutory duties under the Data Protection Act by disclosing during a televised interview in 2013 that Mr Wallace had been cautioned by gardaí for using a mobile phone while driving.

Mr Shatter had appealed that decision to the Circuit Civil Court, arguing that the commissioner had pre-determined the matter before he made his finding.

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Dismissing Mr Shatter’s appeal last month , Judge Jacqueline Linnane said that in her view the commissioner had considered the matter fully. She said the commissioner had taken into account the arguments put forward by Mr Shatter, that fair procedures were followed and that reasons were given for the final decision.

In his Circuit Court appeal, Mr Shatter had claimed the commissioner pre-judged his inquiry into his actions on Prime Time and made “serious errors” in deciding that he breached data protection laws.