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Garda Data Protection Access Request by an employer

  • 03-08-2011 10:10pm
    #1
    novemberbravo
    Registered Users, Registered Users 2 Posts: 38 ✭


    Would it be an offense for a company to force their employees to sign a Garda Data Protection Access request or lose their jobs ?

    This is not a form of Garda Vetting and according to the DPA website its an offense but is not enforced


Comments

  • #2
    cursai
    Registered Users, Registered Users 2 Posts: 2,915 ✭✭✭cursai


    It seems like a form of getting Garda vetting. but its for your own personal information and use so how would your employer get access to it without your consent. Seems like a strange way to go about it when they could just ask you to get vetted by the Garda Central Vetting Unit for employment purposes!:)


  • #3
    novemberbravo
    Registered Users, Registered Users 2 Posts: 38 ✭novemberbravo


    Yeah that's what I thought . Also says on the form that it cannot be construed as garda vetting. Seems a bit dodgy


  • #4
    AstonMartin
    Registered Users, Registered Users 2 Posts: 1,313 ✭✭✭AstonMartin


    Can i request all information the guards have for me? What does FOI leave out of the disclosure requirements?


  • #5
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    FOI has nowt to do with it. You ask under the Data Protection Act 1988.
    You can ask for all the info but they might not give it to you.


  • #6
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    FOI has nowt to do with it. You ask under the Data Protection Act 1988.
    You can ask for all the info but they might not give it to you.


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  • #7
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    novemberbravo wrote: »
    Would it be an offense for a company to force their employees to sign a Garda Data Protection Access request or lose their jobs ?
    You should talk to a solicitor and/or your union immediately.

    Unbeknownst to them, potentially the information they are seeking has nothing to do with your employment, e.g. statements made obout crimes by third parties that you witnessed.


  • #8
    TJM
    Registered Users, Registered Users 2 Posts: 548 ✭✭✭TJM


    This is a well known problem.
    4.4 What is the position of the Office of the Data Protection Commissioner in relation to enforced subject access requests (i.e. where an employer forces his potential employee to make an access request to An Garda Síochána so that the employer can access the records of any criminal convictions)?

    Section 4(13) of the Data Protection Acts as inserted by the 2003 Act provides that it is an offence for an employer to require a prospective or current employee to seek their personal data in conjunction with applying for a job or continuing to hold their job. Unfortunately this provision has not been commenced and at present there is nothing in Data Protection legislation to prevent this happening.
    If you'd like to do something about this, I'd suggest contacting your local TD as well as the Minister for Justice, here, and letting them know your views. There's no excuse for the fact that - eight years later - the will of the Oireachtas has been thwarted by departmental inertia.


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