Case Studies Law Enforcement Directive (LED)

 

Data restrictions — prosecutions pending

The DPC frequently examines complaints in relation to restrictions imposed by An Garda Síochána and the Director of Public Prosecutions (DPP) due to criminal prosecutions pending. Complaints range from assault cases where documentation such as PULSE records, photographs and An Garda Síochána reports of the incidents are sought, to requests for CCTV footage from within An Garda Síochána stations themselves.

In some cases, An Garda Síochána may supply an individual with a copy of their statement provided by the individuals but will withhold other data on the basis of Section 94(3)(a) of the Act whereby a data controller may restrict access, wholly or partly, for the purposes of “the prevention, detection or investigation of offences, the apprehension or prosecution of offenders or the effec- tiveness of lawful methods, systems, plans or procedures employed for the purposes of the matters aforesaid .”

Upon confirmation by a data controller that criminal prosecutions are pending, the DPC will advise an individual that once legal matters in relation to those cases are concluded, the individuals may re-apply for a copy of their data as set out in Section 91 of the Data Protection Act 2018 .