The DPC examined a complaint where an individual alleged that data gathered in one particular law enforcement context was being used by the same data controller for another law enforcement purpose. The complaint concerned the prosecution of an individual for offences in the equine and animal remedies area by the Department of Agriculture, Food and the Marine (DAFM) and the separate referral by DAFM of allegations of professional misconduct to the Veterinary Council of Ireland (VCI) in relation to the same person.

Having examined the matters raised, the DPC referred the complainant to Section 71(5) of the Data Protection Act 2018:

Where a controller collects personal data for a purpose specified in section 70 (1)(a), the controller or another controller may process the data for a purpose so specified other than the purpose for which the data were collected, in so far as— (a) the controller is authorised to process such personal data for such a purpose in accordance with the law of the European Union or the law of the State, and

(b) the processing is necessary and proportionate to the purpose for which the data are being processed .

With regard to section 70(1)(a) and “the law of the State”, the DPC noted the provisions set out in the Veterinary Practice Act 2005 regarding the conduct of inquiries by the VCI into allegations of professional misconduct . In particular, section 76 of the Veterinary Practice Act 2005 outlines that the VCI or any person may apply for an inquiry with regards to the fitness to practice veterinary medicine of a registered person . On this basis, the DPC did not consider data protection legislation to disallow the separate referral by DAFM of allegations of professional misconduct to the VCI in relation to a person, in tandem with prosecution proceedings by DAFM against the same individual for offences in the equine and animal remedies area .