Personal usage of Garda PULSE system

AugustusMaximus

A quick question in relation to the following thread over the Motors board.

http://www.boards.ie/vbulletin/showthread.php?t=2055754056&page=12

Can a member of the Garda Siochana use the Garda PULSE system to looking up information about cars (and personal information about the seller) before buying a car.

The debate is wether usage of this system in a situation which is completely unrelated to Garda activity is against the Data Protection Act and Garda rules in general.

Reloc8

I believe accessing PULSE for this kind of reason contravenes the garda disciplinary regulations, which does not necessarily place it in the realm of a criminal offence. I'm open to correction on that.

If disclosure was made - i.e. to a third party not the garda and not the vendor there is a strong possibility of an offence under data protection legislation.

Its not unlike the situation a few years ago where an inordinate amount of revenue personnel were found to have accessed files relating to certain politicians - no criminal offence was committed but they were said to have been disciplined internally.

Tom Young

Reloc8 wrote: »

I believe accessing PULSE for this kind of reason contravenes the garda disciplinary regulations, which does not necessarily place it in the realm of a criminal offence. I'm open to correction on that.

If disclosure was made - i.e. to a third party not the garda and not the vendor there is a strong possibility of an offence under data protection legislation.

Its not unlike the situation a few years ago where an inordinate amount of revenue personnel were found to have accessed files relating to certain politicians - no criminal offence was committed but they were said to have been disciplined internally.

Yes, you're correct. I re. DP offences, a duty of care subsists in the 1989 Act as amended but no offence is stipulated in terms of toll and damage would have to be shown!

maidhc

Tom Young wrote: »

Yes, you're correct. I re. DP offences, a duty of care subsists in the 1989 Act as amended but no offence is stipulated in terms of toll and damage would have to be shown!

Indeed, to be honest I think breach of privacy per se should attract damages. It would give an incentive to the Gardaí/Bord Gais/Various recruitment websites/Revenue Commissioners and the Social Welfare to actually take the DP Acts seriously as opposed to having a few addional boxes to tick on application forms!

Reloc8

maidhc wrote: »

Indeed, to be honest I think breach of privacy per se should attract damages.

It does

Tom Young

Reloc8 wrote: »

It does

Well now, I think we need to be careful. Simpliciterand under the DP Acts damages must be shown. I am yet to see a case taken where damages are awared for breach of privacy simpliciter e.g., bank loses laptop - Damages accrue.

Herrity v ANP was a breach of statute under the P&T Acts 1983/1993 for phone tapping and was in-line with Kennedy & Arnold v Ireland, see Judgment of Dunne J.

Also, Kerwick v Sunday Newspapers Limited might have seen an action for recovery in Privacy, Defamation and PI but saliently the causes were coupled and the case never ran - some might think unfortunately. But there was a nice ex temp decision of Dunne J. on the danagers of Notices of Trial by jury. The recent Judgment in Bradley by Clarke J. also consolidates this view.

Tom

Reloc8

Tom Young wrote: »

Well now, I think we need to be careful. Simpliciterand under the DP Acts damages must be shown. I am yet to see a case taken where damages are awared for breach of privacy simpliciter e.g., bank loses laptop - Damages accrue.

Herrity v ANP was a breach of statute under the P&T Acts 1983/1993 for phone tapping and was in-line with Kennedy & Arnold v Ireland, see Judgment of Dunne J.

Also, Kerwick v Sunday Newspapers Limited might have seen an action for recovery in Privacy, Defamation and PI but saliently the causes were coupled and the case never ran - some might think unfortunately. But there was a nice ex temp decision of Dunne J. on the danagers of Notices of Trial by jury. The recent Judgment in Bradley by Clarke J. also consolidates this view.

Tom

Forget about the Data Protection stuff. Breach of Privacy is compensatable by damages - under constitutional & ECHR law

bluesteel

I have been doing some research on this topic with little success. I was in a similar situation where my PULSE data was obviously accessed and passed to a third party (not a Guard) when carrying out a business transaction.

I have been in touch with the Data Protection Commissioner who confirmed breach and a Garda investigation was carried out. The DPP declined to prosecute.

I am considering a Civil Case for breach of privacy; can anyone point me to where I can find similar cases or a Law Firm experienced in this area? I have searched courts.ie but not found anything; though from reports in the Tribune I know settlements were made.

please feel free to PM me or provide links where possible,
thanks

Fey!

I know that his is a zombie thread, but I do have a related query.

If I purchase a car, and after the purchase ask a garda to check on PULSE and see if the car has ever been crashed, can he check it out for me.

Bear in mind that at this stage I am the owner of the vehicle, so in theory I am asking him to access data pertaining to myself and my property.

source

Fey! wrote: »

I know that his is a zombie thread, but I do have a related query.

If I purchase a car, and after the purchase ask a garda to check on PULSE and see if the car has ever been crashed, can he check it out for me.

Bear in mind that at this stage I am the owner of the vehicle, so in theory I am asking him to access data pertaining to myself and my property.

www.cartell.ie

bluesteel

Fey! wrote: »

I know that his is a zombie thread, but I do have a related query.

If I purchase a car, and after the purchase ask a garda to check on PULSE and see if the car has ever been crashed, can he check it out for me.

Bear in mind that at this stage I am the owner of the vehicle, so in theory I am asking him to access data pertaining to myself and my property.

I would think that 99% of the abuse occurs before the car is purchased.

In my case the Guard came into personal details not pertinent to the car sale