Case Studies Law Enforcement Directive (LED)
Law Enforcement Directive (LED) Access Request - Rights and Restrictions
Under the Law Enforcement Directive (LED) as transposed into Irish law by Parts 5 & 6 (sections 69 to 104) of the Data Protection Act 2018 (the Act), there may be restrictions placed on an individual’s right of access to records containing personal data.
See More InformationAccess restrictions
The DPC received a complaint from an individual who alleged they were a victim of a crime. The individual requested to have their sensitive personal data processed by An Garda Síochána (AGS) according to their specific terms, namely they requested to have a full copy of the medical results of forensic tests undertaken by Forensic Science Ireland (FSI) made available to them immediately upon receipt of the results by AGS. The individual then sought to have the sample kit split, with this request subsequently amended to seeking the analysis of specific sample vials.
See More InformationData restrictions — absence of consent from all parties
In one case examined by the DPC, a parent applied to An Garda Síochána for copies of the personal data of his young children.
See More InformationData 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.
See More InformationData restrictions — third-party data; opinion given in confidence
The Data Protection Commission (DPC) examined a case where restrictions were imposed by An Garda Síochána to access on the basis of Sections 91(7) and (8) of the Data Protection Act 2018.
See More InformationLaw Enforcement Directive
The Garda Síochána Ombudsman Commission (GSOC) sent a letter containing the outcome of its investigation into a complaint to an address where the person who made the complaint no longer resided. The DPC established the letter was posted to the address where the individual lived at the time of a previous complaint that they had made to GSOC. The individual in question had subsequently informed GSOC they no longer lived at that address and that with regard to the new complaint they were only contactable by email.
See More InformationPurpose Limitation
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.
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