Criminal records and the Data Protection Act

_JOE_

Am I correct in stating that s4 of the Data Protection Act 1988 enables individuals to obtain a copy of any criminal record information that may be held on them by the Gardai...

Now further, could I extend this to obtain a record of another individual? Is there any express provision? Or do the usual privacy considerations trump any such application?

Quaver

Have you had a look at S.5? It provides that s.4 does not apply to "personal data (a) kept for the purposes of preventing, detecting or investigating offences, apprehending or prosecuting offenders".

http://www.irishstatutebook.ie/1988/en/act/pub/0025/sec0005.html#zza25y1988s5

So in short, no to both questions.

Farcear

s.4(4) wrote:

(4) Nothing in subsection (1) of this section obliges a data controller to disclose to a data subject personal data relating to another individual unless that other individual has consented to the disclosure:

In any event, you could not request to see another person's data -- criminal record included.

_JOE_

Quaver wrote: »

Have you had a look at S.5? It provides that s.4 does not apply to "personal data (a) kept for the purposes of preventing, detecting or investigating offences, apprehending or prosecuting offenders".

http://www.irishstatutebook.ie/1988/en/act/pub/0025/sec0005.html#zza25y1988s5

So in short, no to both questions.

Thanks for that...I just came across the specific provision in passing today and hadn't really dwelled on it before...
I've looked at the above and am now up to speed...

dats_right

Quaver wrote: »

Have you had a look at S.5? It provides that s.4 does not apply to "personal data (a) kept for the purposes of preventing, detecting or investigating offences, apprehending or prosecuting offenders".

http://www.irishstatutebook.ie/1988/en/act/pub/0025/sec0005.html#zza25y1988s5

So in short, no to both questions.

Whilst the law you state is correct your interpretation thereof is not. Individuals do have a personal right pursuant to section 4 to access criminal record information held on them by An Garda Siochana as it is not directly related to preventing, detecting or investigating offences, if however you wanted information held on yourself during the course of an 'active' criminal investigation then the section 5 exception would apply. Here's an illustrative case highlighting An Garda Siochana's responsibilities to provide criminal record data, etc.

On the OP's second question as to whether somebody else can request such information the answer is generally no as the right to access such data is a personal right of the person seeking their own data. However, a representative can seek the information on your behalf provided they have received your authorisation. Also there is a vetting system for certain categories of employees seeking employment in areas with access to children, mentally impaired, etc. and that would be another way a third party could find out your background.