Independent socialist TD Clare Daly today described an attempt to prosecute her for a minor motoring offence as a distraction from her work highlighting malpractice and injustice. www.justice4all.ie
She made her second appearance at Dublin District Court where she was cleared of an offence of driving without reasonable consideration, a charge she had strenuously denied. The case was dismissed by Judge Ann Ryan when she heard that the DPP had decided to drop the prosecution.
Daly, 45, had received a summons in connection with an alleged road traffic incident at the Dublin Port Tunnel, on March 20 last year.
From the outset she had intended to contest a charge for driving her car “without reasonable consideration for other persons”, on a section of the southbound side of the tunnel in the Dublin 1 area.
This charge, on conviction, results in a fine only and carries no risk of a road ban or a jail term being imposed, and today the DPP directed that the prosecution should be withdrawn.
The incident was alleged to have occurred less than two months after the Dublin North TD was cleared of suspected drink-driving and had formally lodged a complaint with the Garda Síochána Ombudsman Commission about her arrest being leaked to the news media.
The TD faced her first court appearance in February when her solicitor Gareth Noble said he had hoped to speak to the prosecuting garda, who is based in a city-centre station, “about this prosecution and the manner in which it was brought”.
A court order was made on February 12 last for the officer to provide disclosure of evidence in relation to the alleged incident.
Mr Noble had then said Daly would be contesting the charge, and the case was due to go to a full hearing.
When it was called, Mr Noble told Judge Ann Ryan that since the previous court hearing, "We received an amount of disclosure and CCTV evidence in preparation of the case.”
“Last Thursday we received communication that a certain course would be taken by the DPP,” he added. A state solicitor then told the court that the DPP's direction was to withdraw the matter.
Judge Ann Ryan agreed to a request from the defence to mark the case dismissed.
No evidence was given in relation to the alleged incident itself and the TD was not required to testify. However after the proceedings concluded she gave a statement, in the presence her of solicitor, outside the courthouse.
Daly said. “This alleged incident happened six weeks after the drink-drive arrest and subsequent exoneration and there was a lot of media attention. From the time it happened I was of the view that I had no case to answer and was actively seeking to defend it.
"I have been in court two days to do that. I see it as a distraction to the other important work I was going to do. And I will carry on taking on cases highlighting malpractice and injustice. It is unfortunate we had to come down here for two days.”
Mr Noble said: “We were here ready to defend.
*UPDATE: A garda undermined a series of major anti-crime surveillance operations by passing details of car registrations belonging to undercover detectives onto a gang of armed robbers. The garda is the subject of an internal investigation which is looking into a number of officers who are suspected of being on the payroll of separate Dublin criminals. The garda was in regular contact with a crime figure who is facing charges related to serious criminal activity.
When the criminal gang suspected that they might be under surveillance, they supplied the garda with a list of car registrations they had encountered. The garda checked the car details on the force’s Pulse IT system and
informed the gang if the cars were part of the Garda fleet.
In several cases, the garda was able to identify vehicles that were being used by an undercover Garda unit. To avoid detection, the officer got junior uniformed gardaí to log into the Pulse system using their own passwords -
as the system records a digital imprint of every log-in by a member using their unique password, The Sunday Business Post understands.
*A fourth garda is under investigation in Dublin over suspicions that she may have been coerced into leaking intelligence from the gardai computerised information system to criminals. -
The young garda, based in a city station, (FINGLAS ?) is believed to have a cocaine addiction and owed money to drug dealers. Gardai in the city said another young garda with an addiction is also under scrutiny.
Three other gardai have been under investigation for allegedly leaking information from the 'PULSE' computer system. Two are on restricted duties pending further inquiries and one, based in the north west of the city, has been suspended while a file is prepared for the Director of Public Prosecutions after he was suspected of passing information to one of the biggest drugs and tiger kidnapping gangs in the city.
As a result of the inquiries into this garda, 17 young gardai -- who it is alleged were tricked into downloading information using their own log-on details on the PULSE system -- are also facing internal disciplinary inquiries.
Detectives believe the latest garda to come under scrutiny had a secret but serious drug habit and may have run up debts and was effectively being blackmailed. She is single and joined the force only in recent years.
The prospect of criminal gangs tapping into sensitive information on the PULSE system is "horrific", according to one senior detective yesterday who said it could quite easily lead to murder.
The gang, who are suspeced of involvement with the garda in north-west Dublin, have been the subject of major investigations involving the use of informants. It is known that a number of garda informants have been murdered in the past two years.
*UPDATE Justice Minister Alan Shatter said today that he has had concerns for some time about sensitive and confidential information finding its way into the public domain.
JUSTICE MINISTER ALAN Shatter has said today that an “unexpected number” of gardaí accessed the PULSE computer system in relation to the arrest of Clare Daly in January for suspected drink driving.
Daly was pulled over by gardaí for a wrong turn and was arrested after a breathaliser failed to register a reading. Details were quickly leaked to the media but the independent TD was later cleared, with tests showing she was 33 per cent below the allowable limit. She has since lodged complaints with the Garda Ombudsman Commission and the Data Protection Commissioner regarding the leak. In a statement today Shatter said he has “had concerns for some time about sensitive and confidential information finding its way into the public domain”.
Following correspondence with the Commissioner, Shatter told the Dáil that an “unexpected number of members of the garda force” accessed the PULSE computer system in relation to the incident. He added that it is “absolutely clear that certain steps need to be taken to ensure the strict application of data protection rules with regard to the operation, usage and access to the PULSE system”. Shatter said he expects to receive a copy of the internal garda report referred to by Clare Daly during Leader’s Questions today, which recommends that PLUSE access must be restricted to rank and file gardaí, within the next few days.
“As I have already indicated I will publish the outcome of that report as soon as I have had an opportunity to consider its contents and bring it to cabinet,” he added.
Friday, May 24, 2013:
*Claims by the Garda Ombudsman that it has been denied access to information by gardaí in serious investigations includes their inquiry into a complaint from Clare Daly TD, the Irish Examiner understands.
The north Dublin deputy lodged a complaint with the commission last February in connection with her arrest for suspected drink driving and the leaking of that incident to the media.
In a separate case, the police watchdog claimed that the gardaí denied it access to information in relation to an investigation into a serious sexual assault on a minor.
The incidents are among eight cases highlighted by the commission at the launch of their 2012 annual report yesterday. While there was no mention of Deputy Daly, the Irish Examiner understands that one case relates to her.
Simon O’Brien, chairman of the Garda Síochána Ombudsman Commission, strongly criticised the Garda Síochána for its level of cooperation — criticisms strongly rejected by Commissioner Martin Callinan.
Mr O’Brien said in three of most serious cases the gardaí stated they were not handing over the information because it was “not relevant”.
He said it was not acceptable for the force to be telling it — an independent State investigative body — what was relevant or not.
Mr O’Brien, a former senior officer in the London Met, where he served for 32 years, said the protocol agreed between GSOC and the gardaí for the exchange of information was “not working”.
“We had hoped today in announcing our report that we could have spoken about these issues in the past tense, unfortunately, we are still experiencing some significant issues,” said Mr O’Brien. He said the commission did not take satisfaction in going public, adding: “We wouldn’t be calling publicly if there wasn’t an issue of scale in this problem.”
Mr O’Brien said there was a 30-day deadline agreed in the protocol for the handing over of documentation and that there were no exceptions. He said there was a “consistent problem” and in one case they waited 542 days.
The comments come against the background of a significant reduction in the number of serious allegations referred to GSOC by the Garda commissioner involving death or serious harm possibly involving a garda, and a fall in the number of complaints by members of the public.
Referrals from the commissioner to GSOC fell from 103 in 2010, to 90 in 2011 and to 72 in 2012 — a 30% drop in two years. Complaints from the public fell by 8%, from 2,275 to 2,089.
Mr O’Brien also complained of an “unacceptable” delay in the investigation of more minor complaints, which are passed from GSOC to gardaí for investigation, under their supervision. He said that of the 567 such investigations, 414 (73%) were over the 12-week time limit and that 21 (4%) were more than two years old.
Mr O’Brien said his personal contact with the commissioner was “excellent” and that some progress has been made, but not enough.
Cases highlighted
- GSOC sought copies of Garda reports and statements pertaining to the arrest and detention of a complainant (understood by the Irish Examiner to be Clare Daly (T D) The request was made in February 2013 and some information was provided. In April, the Garda Síochána sent a letter stating that the requested material was “not relevant” to the admitted complaint and that no documentation from the Garda file was being supplied. GSOC said the information was “clearly and obviously relevant”. It said the refusal took 48 days.
- GSOC requested information regarding the identities of gardaí who may have spoken to a woman who had made a complaint relating to an allegation of historic serious sexual assault of a minor. They sought any records and any CCTV from the two stations the woman went to. The gardaí said the requested information was not relevant to the admitted complaint and would not be provided. GSOC said: “The gravity of the allegations alone should have dictated that the AGS would want to provide every assistance.”
- GSOC sought information in connection with a complicated criminal inquiry in March 2012. The following month the gardaí wrote back stating they were at a loss as to the relevance of the documentation and requested GSOC to set out its reasons for the items. GSOC said that following protracted correspondence with gardaí they obtained access in March 2013.
- GSOC sought documentation in December 2012 of a routine nature in relation to an allegation of assault. The documentation was not received until May 2013.
- GSOC sought similar information, again in December 2012, in relation to an alleged assault, and did not receive it until last March. - Gardaí were due to complete a final report in November 2010 into an allegation that a garda pushed a man against a wall. It has still to be concluded.
- Gardaí were due to finish a final report in August 2010 regarding a complaint that a man was allegedly grabbed and pushed against a wall. It is yet to be concluded.
- Gardaí were due to complete a final report in November 2011 in relation to the seizure of a vehicle. It has yet to be concluded.
- Full report on: www.gardaombudsman.ie
*UPDATE: A garda undermined a series of major anti-crime surveillance operations by passing details of car registrations belonging to undercover detectives onto a gang of armed robbers. The garda is the subject of an internal investigation which is looking into a number of officers who are suspected of being on the payroll of separate Dublin criminals. The garda was in regular contact with a crime figure who is facing charges related to serious criminal activity.
When the criminal gang suspected that they might be under surveillance, they supplied the garda with a list of car registrations they had encountered. The garda checked the car details on the force’s Pulse IT system and
informed the gang if the cars were part of the Garda fleet.
In several cases, the garda was able to identify vehicles that were being used by an undercover Garda unit. To avoid detection, the officer got junior uniformed gardaí to log into the Pulse system using their own passwords -
as the system records a digital imprint of every log-in by a member using their unique password, The Sunday Business Post understands.
*A fourth garda is under investigation in Dublin over suspicions that she may have been coerced into leaking intelligence from the gardai computerised information system to criminals. -
The young garda, based in a city station, (FINGLAS ?) is believed to have a cocaine addiction and owed money to drug dealers. Gardai in the city said another young garda with an addiction is also under scrutiny.
Three other gardai have been under investigation for allegedly leaking information from the 'PULSE' computer system. Two are on restricted duties pending further inquiries and one, based in the north west of the city, has been suspended while a file is prepared for the Director of Public Prosecutions after he was suspected of passing information to one of the biggest drugs and tiger kidnapping gangs in the city.
As a result of the inquiries into this garda, 17 young gardai -- who it is alleged were tricked into downloading information using their own log-on details on the PULSE system -- are also facing internal disciplinary inquiries.
Detectives believe the latest garda to come under scrutiny had a secret but serious drug habit and may have run up debts and was effectively being blackmailed. She is single and joined the force only in recent years.
The prospect of criminal gangs tapping into sensitive information on the PULSE system is "horrific", according to one senior detective yesterday who said it could quite easily lead to murder.
The gang, who are suspeced of involvement with the garda in north-west Dublin, have been the subject of major investigations involving the use of informants. It is known that a number of garda informants have been murdered in the past two years.
JUSTICE MINISTER ALAN Shatter has said today that an “unexpected number” of gardaí accessed the PULSE computer system in relation to the arrest of Clare Daly in January for suspected drink driving.
Daly was pulled over by gardaí for a wrong turn and was arrested after a breathaliser failed to register a reading. Details were quickly leaked to the media but the independent TD was later cleared, with tests showing she was 33 per cent below the allowable limit. She has since lodged complaints with the Garda Ombudsman Commission and the Data Protection Commissioner regarding the leak. In a statement today Shatter said he has “had concerns for some time about sensitive and confidential information finding its way into the public domain”.
Following correspondence with the Commissioner, Shatter told the Dáil that an “unexpected number of members of the garda force” accessed the PULSE computer system in relation to the incident. He added that it is “absolutely clear that certain steps need to be taken to ensure the strict application of data protection rules with regard to the operation, usage and access to the PULSE system”. Shatter said he expects to receive a copy of the internal garda report referred to by Clare Daly during Leader’s Questions today, which recommends that PLUSE access must be restricted to rank and file gardaí, within the next few days.
“As I have already indicated I will publish the outcome of that report as soon as I have had an opportunity to consider its contents and bring it to cabinet,” he added.
Friday, May 24, 2013:
*Claims by the Garda Ombudsman that it has been denied access to information by gardaí in serious investigations includes their inquiry into a complaint from Clare Daly TD, the Irish Examiner understands.
The north Dublin deputy lodged a complaint with the commission last February in connection with her arrest for suspected drink driving and the leaking of that incident to the media.
In a separate case, the police watchdog claimed that the gardaí denied it access to information in relation to an investigation into a serious sexual assault on a minor.
The incidents are among eight cases highlighted by the commission at the launch of their 2012 annual report yesterday. While there was no mention of Deputy Daly, the Irish Examiner understands that one case relates to her.
Simon O’Brien, chairman of the Garda Síochána Ombudsman Commission, strongly criticised the Garda Síochána for its level of cooperation — criticisms strongly rejected by Commissioner Martin Callinan.
Mr O’Brien said in three of most serious cases the gardaí stated they were not handing over the information because it was “not relevant”.
He said it was not acceptable for the force to be telling it — an independent State investigative body — what was relevant or not.
Mr O’Brien, a former senior officer in the London Met, where he served for 32 years, said the protocol agreed between GSOC and the gardaí for the exchange of information was “not working”.
“We had hoped today in announcing our report that we could have spoken about these issues in the past tense, unfortunately, we are still experiencing some significant issues,” said Mr O’Brien. He said the commission did not take satisfaction in going public, adding: “We wouldn’t be calling publicly if there wasn’t an issue of scale in this problem.”
Mr O’Brien said there was a 30-day deadline agreed in the protocol for the handing over of documentation and that there were no exceptions. He said there was a “consistent problem” and in one case they waited 542 days.
The comments come against the background of a significant reduction in the number of serious allegations referred to GSOC by the Garda commissioner involving death or serious harm possibly involving a garda, and a fall in the number of complaints by members of the public.
Referrals from the commissioner to GSOC fell from 103 in 2010, to 90 in 2011 and to 72 in 2012 — a 30% drop in two years. Complaints from the public fell by 8%, from 2,275 to 2,089.
Mr O’Brien also complained of an “unacceptable” delay in the investigation of more minor complaints, which are passed from GSOC to gardaí for investigation, under their supervision. He said that of the 567 such investigations, 414 (73%) were over the 12-week time limit and that 21 (4%) were more than two years old.
Mr O’Brien said his personal contact with the commissioner was “excellent” and that some progress has been made, but not enough.
Cases highlighted
- GSOC sought copies of Garda reports and statements pertaining to the arrest and detention of a complainant (understood by the Irish Examiner to be Clare Daly (T D) The request was made in February 2013 and some information was provided. In April, the Garda Síochána sent a letter stating that the requested material was “not relevant” to the admitted complaint and that no documentation from the Garda file was being supplied. GSOC said the information was “clearly and obviously relevant”. It said the refusal took 48 days.
- GSOC requested information regarding the identities of gardaí who may have spoken to a woman who had made a complaint relating to an allegation of historic serious sexual assault of a minor. They sought any records and any CCTV from the two stations the woman went to. The gardaí said the requested information was not relevant to the admitted complaint and would not be provided. GSOC said: “The gravity of the allegations alone should have dictated that the AGS would want to provide every assistance.”
- GSOC sought information in connection with a complicated criminal inquiry in March 2012. The following month the gardaí wrote back stating they were at a loss as to the relevance of the documentation and requested GSOC to set out its reasons for the items. GSOC said that following protracted correspondence with gardaí they obtained access in March 2013.
- GSOC sought documentation in December 2012 of a routine nature in relation to an allegation of assault. The documentation was not received until May 2013.
- GSOC sought similar information, again in December 2012, in relation to an alleged assault, and did not receive it until last March. - Gardaí were due to complete a final report in November 2010 into an allegation that a garda pushed a man against a wall. It has still to be concluded.
- Gardaí were due to finish a final report in August 2010 regarding a complaint that a man was allegedly grabbed and pushed against a wall. It is yet to be concluded.
- Gardaí were due to complete a final report in November 2011 in relation to the seizure of a vehicle. It has yet to be concluded.
- Full report on: www.gardaombudsman.ie
*Six high-profile people including a GAA star and three media personalities had their Garda records repeatedly and inappropriately accessed by officers, a watchdog has found.
A review of the force's intelligence database Pulse revealed that one unnamed high-profile person had their records accessed more than 80 times by officers.
Details of a second well-known person were looked at 50 times by gardai.
A sample review by the Data Protection Commission revealed that a number of officers were found to have been snooping on both people.
In his report the head of the watchdog Billy Hawkes said the access to records of minor celebrities on Pulse was unjustified and particularly disturbing as the individuals had no major dealings with the Garda.
Mostly their names were on the intelligence system as victims or witnesses of a crime or incident - one had reported stolen property.
"The team identified what appeared to be inappropriate access on a surprising scale in relation to the public figures selected," the report said.
It went on: "It is imperative that inappropriate access be identified and dealt with so as to ensure that persons with access to PULSE respect the obligation that comes with that access."
Data inspectors found that the number of times the details of high-profile people were accessed bore no relation to the valid entries in Pulse for official Garda business.
And Mr Hawkes also revealed his office is examining instances where gardai have released information from the Pulse system to private investigators - also a breach of rules.
He said he also suspects there are instances when gardai released information on Pulse to journalists.
The Data Protection Commission's report overall found the Garda approach to safeguarding information demonstrated a professional police force operating in compliance legislation.
Garda Commissioner Martin Callinan said: "While any breach is unacceptable, it should be said that this relatively low number of breaches indicates that the vast majority of members are in compliance with the Data Protections Acts and the Garda Siochana Data Protection Code of Practice."
Mr Hawkes said the Garda gave his inspectors full transparency and openness during the audit with a view to identifying necessary improvements.
On the back of the audit, a revised Garda directive has been issued which warns there will be no exceptions for officers neglecting to detail why they are accessing Pulse.
There were no major issues in the force's handling of the vetting system; use of CCTV; use of subscriber data held by telecoms companies; automatic number plate recognition; and the charging and offender process, the audit found.
Mr Callinan said outstanding recommendations will be implemented.
He said the commission was right to be concerned about the release of highly sensitive personal data, adding: "I share these concerns and I have expressed my disquiet about this publicly on several occasions."
The Commissioner said a number of officers were disciplined for inappropriate access to Pulse during the audit.
Whistle-blower Sergeant Maurice McCabe is no longer allowed to access Pulse without a superior officer.
The Data Protection Commission said it carried out the audit as it had concerns that complaints showed there was insufficient oversight of those with access.
It had warned: "Investigations conducted by the gardai have taken an unacceptably long time to conduct and have rarely led to conclusions of inappropriate access "
Two protection notices must now be acknowledged when an officer is logging into Pulse.
It warns that: "Accessing or disclosing personal data for any purpose other than that for which it was obtained is strictly prohibited.
"It is inappropriate to release data in the possession of An Garda Siochana to outside agencies or individuals, and such actions will subject members to full investigation in accordance with the Garda Siochana (Discipline) Regulations 2007."
The DPC found warnings and the acknowledge notices were of limited use if not accompanied by effective oversight and enforcement measures.
In future Superintendents will be sent random lists of officers due for review over the use of Pulse.
*Tuesday, May 13, 2014
State bodies have been warned of a crackdown unless they overhaul the way they treat personal data.
The warning came in the latest annual report issued by the data protection commissioner Billy Hawkes, in which he revealed that there was a record number of investigations opened by his office last year following complaints from people who were blocked from accessing personal data held by organisations.
It also revealed that the activities of domestic data controllers — both in the private and public sectors — attracted most of the enquiries and complaints dealt with by the office last year.
Writing in the foreword, Mr Hawkes said: "Our audits of state organisations have, in too many cases, shown scant regard by senior management to their duty to safeguard the personal data entrusted to them — a duty that is all the greater because of the legal obligation to provide such personal data to the State.
"Failure to treat personal data with respect can only lessen the trust that should exist between the individual and the State. It will also lead inevitably to more formal enforcement action by my office unless system- wide action is taken to improve current practice."
An audit of the gardaí found "disturbing instances" of improper access by individual gardaí and that scheduled audits of accesses to the Pulse system, as provided for in the force’s Data Protection Code of Practice, had not been carried out.
As for commercial entities, Mr Hawkes said many complaints received by his office were due to "poor standards of customer service" and that "repeat failures in this area is a source of concern". The report also noted a growing issue of "staff moving from one employer to another and taking client data to their new employer".
Overall, the office opened 910 complaints, down from 1,349 complaints in 2012, but complaints concerning access requests accounted for 56.8% of the total. The 517 complaints in relation to access requests was an annual record for the office.
Unsolicited direct marketing, text messages, phone calls, faxes, and emails accounted for almost a quarter of complaints, with prosecutions brought against major telecommunications firms.
The vast majority of complaints concluded last year were "resolved amicably".
Read the full report at www.dataprotection.ie
Sensitive details disclosed to insurance firm
- A doctor passed on a patient’s personal data to an insurance company without consent. The GP received a request seeking medical records relating to a knee injury. It was alleged the GP disclosed sensitive medical information — including cervical smear test results, a colposcopy, correspondence over lesions, and records relating to carpel tunnel syndrome — none of which related to the knee injury.
Following contact from the Data Protection Commissioner, the doctor said copies of a patient’s records were "inadvertently" supplied to the insurance company with some details which were not relevant to her knee injury, and that this was an oversight and that he was deeply sorry.
- The office received a complaint in May 2012 against the Department of Social Protection, in which a complainant alleged there had been unauthorised access within the department to his records by an employee. The Data Protection Commissioner found 12 instances of unauthorised access of the complainant’s records.
According to the report: "This case highlights the unacceptable practice by some individuals of snooping through official records for personal reasons unconnected with their official duties."
- Carphone Warehouse apologised to a woman after a member of staff provided her contact details to two people understood to have stolen the phone from her.
Following the initial theft of the phone, two people arrived at the woman’s isolated home with the stolen phone and sought a reward for finding it. The woman handed over €50 and the phone was returned to her, albeit damaged.
- Spar said it was "regrettable and completely in contravention of the ethos of the business" that CCTV footage showing a staff member tripping and falling had been accessed, copied to a mobile phone by another staff member in the company of a manager, and circulated to third parties.
Report stats
Data Protection Commissioner’s Annual Report:
- 1,577 data security breach notifications received;
- 910 complaints opened for investigation;
- 517 complaints — almost 57% of the total number — opened for investigation related to people having difficulty securing access to their personal data held by organisations;
- 204 investigations related to unsolicited marketing communications;
- 44 audits and inspections were carried out — up 10% on 2012’s figure;
- Three audits of major holders of personal data — the Department of Social Protection, the Revenue Commissioners and An Garda Síochána;
- 12,000 queries dealt with via info@dataprotection.ie, up 2,500.
It also revealed that the activities of domestic data controllers — both in the private and public sectors — attracted most of the enquiries and complaints dealt with by the office last year.
Writing in the foreword, Mr Hawkes said: "Our audits of state organisations have, in too many cases, shown scant regard by senior management to their duty to safeguard the personal data entrusted to them — a duty that is all the greater because of the legal obligation to provide such personal data to the State.
"Failure to treat personal data with respect can only lessen the trust that should exist between the individual and the State. It will also lead inevitably to more formal enforcement action by my office unless system- wide action is taken to improve current practice."
An audit of the gardaí found "disturbing instances" of improper access by individual gardaí and that scheduled audits of accesses to the Pulse system, as provided for in the force’s Data Protection Code of Practice, had not been carried out.
As for commercial entities, Mr Hawkes said many complaints received by his office were due to "poor standards of customer service" and that "repeat failures in this area is a source of concern". The report also noted a growing issue of "staff moving from one employer to another and taking client data to their new employer".
Overall, the office opened 910 complaints, down from 1,349 complaints in 2012, but complaints concerning access requests accounted for 56.8% of the total. The 517 complaints in relation to access requests was an annual record for the office.
Unsolicited direct marketing, text messages, phone calls, faxes, and emails accounted for almost a quarter of complaints, with prosecutions brought against major telecommunications firms.
The vast majority of complaints concluded last year were "resolved amicably".
Read the full report at www.dataprotection.ie
Sensitive details disclosed to insurance firm
- A doctor passed on a patient’s personal data to an insurance company without consent. The GP received a request seeking medical records relating to a knee injury. It was alleged the GP disclosed sensitive medical information — including cervical smear test results, a colposcopy, correspondence over lesions, and records relating to carpel tunnel syndrome — none of which related to the knee injury.
Following contact from the Data Protection Commissioner, the doctor said copies of a patient’s records were "inadvertently" supplied to the insurance company with some details which were not relevant to her knee injury, and that this was an oversight and that he was deeply sorry.
- The office received a complaint in May 2012 against the Department of Social Protection, in which a complainant alleged there had been unauthorised access within the department to his records by an employee. The Data Protection Commissioner found 12 instances of unauthorised access of the complainant’s records.
According to the report: "This case highlights the unacceptable practice by some individuals of snooping through official records for personal reasons unconnected with their official duties."
- Carphone Warehouse apologised to a woman after a member of staff provided her contact details to two people understood to have stolen the phone from her.
Following the initial theft of the phone, two people arrived at the woman’s isolated home with the stolen phone and sought a reward for finding it. The woman handed over €50 and the phone was returned to her, albeit damaged.
- Spar said it was "regrettable and completely in contravention of the ethos of the business" that CCTV footage showing a staff member tripping and falling had been accessed, copied to a mobile phone by another staff member in the company of a manager, and circulated to third parties.
Report stats
Data Protection Commissioner’s Annual Report:
- 1,577 data security breach notifications received;
- 910 complaints opened for investigation;
- 517 complaints — almost 57% of the total number — opened for investigation related to people having difficulty securing access to their personal data held by organisations;
- 204 investigations related to unsolicited marketing communications;
- 44 audits and inspections were carried out — up 10% on 2012’s figure;
- Three audits of major holders of personal data — the Department of Social Protection, the Revenue Commissioners and An Garda Síochána;
- 12,000 queries dealt with via info@dataprotection.ie, up 2,500.
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