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Can Employer obtain personal files from Gardai under the Freedom of Information Act

  • 03-09-2012 7:51am
    #1
    gmarty
    Registered Users, Registered Users 2 Posts: 87 ✭✭


    Hi all, can employer obtain personal files from Gardai under the Freedom of Information Act. Such files as statements from a case etc, as my employer knows I will be up in court shortly and I am just worried that they can obtain these files. Its a first offence and i am told i will get the Probation act and a donation to the court poor box, as the charge is only a small one. I left out a small bit of detail when explaining to my employer and now in hine sight i am wondering i should have been up front. So my question is if my employer was inquisitive can they obtain these files. thank you in advance.


Comments

  • #2
    slimjimmc
    Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    Don't think the Gardaí or the Courts are subject to the FOI (http://foi.gov.ie/bodies-covered-by-foi/) so I doubt your employer can get their files. However court cases are generally held in public so basically anyone can attend and the case could be reported in the local press.


  • #3
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Your employer will only have access to items which are on the public record, same as anyone else. The details of a case such as statements and such would not be on the public record.

    As mentioned above, if someone attends the case and reports it, then so be it. But your employer cannot go to the Gardai and say, "Give me all the information you have on Joe Bloggs". They'd be told where to go.


  • #4
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    seamus wrote: »
    Your employer will only have access to items which are on the public record, same as anyone else. The details of a case such as statements and such would not be on the public record.

    As mentioned above, if someone attends the case and reports it, then so be it. But your employer cannot go to the Gardai and say, "Give me all the information you have on Joe Bloggs". They'd be told where to go.

    Some employers have been known to request FOI files from prospective employees.


  • #5
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,243 Mod ✭✭✭✭godtabh


    MagicSean wrote: »
    Some employers have been known to request FOI files from prospective employees.

    And probably told PFO. FOI requests arent designed for that


  • #6
    MadsL
    Registered Users, Registered Users 2 Posts: 20,299 ✭✭✭✭MadsL


    MagicSean wrote: »
    Some employers have been known to request FOI files from prospective employees.

    What files would be covered by FOI that they would request and only the Data Subject can have access to their personal data under the Data Protection Acts.


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  • #7
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    MadsL wrote: »
    What files would be covered by FOI that they would request and only the Data Subject can have access to their personal data under the Data Protection Acts.

    A person can request all information held on record about them. They may not receive certain information such as that relating to an ongoing investigation or of a sensitive nature. And the employer need simple ask the prospective employee to make the request and hand over the result.


  • #8
    sweeney1971
    Registered Users, Registered Users 2 Posts: 191 ✭✭sweeney1971


    Never volunteer information.


  • #9
    MadsL
    Registered Users, Registered Users 2 Posts: 20,299 ✭✭✭✭MadsL


    MadsL wrote: »
    What files would be covered by FOI that they would request and only the Data Subject can have access to their personal data under the Data Protection Acts.
    MagicSean wrote: »
    A person can request all information held on record about them.

    Isn't that what I just said?
    They may not receive certain information such as that relating to an ongoing investigation or of a sensitive nature. And the employer need simple ask the prospective employee to make the request and hand over the result.

    Who would incriminate/prejudice themselves in this way?


  • #10
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    MadsL wrote: »
    MadsL wrote: »
    What files would be covered by FOI that they would request and only the Data Subject can have access to their personal data under the Data Protection Acts.
    MagicSean wrote: »
    A person can request all information held on record about them.

    Isn't that what I just said?
    They may not receive certain information such as that relating to an ongoing investigation or of a sensitive nature. And the employer need simple ask the prospective employee to make the request and hand over the result.

    Who would incriminate/prejudice themselves in this way?

    Someone who really wanted the job


  • #11
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    sweeney1971 wrote: »
    Never volunteer information.
    That made Lt. Kaffee very angry with Lance Cpl. Dawson.


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