Right to be forgotten

Dual wheels

Say the Gardaí took your finger prints 7 years ago where you were arrested on suspicion of dangerous driving but were not charged, if the Gardaí took your fingerprints under the new gdpr regs can you demand the Gardaí to remove your prints/record from their database? Bearing in mind you didn’t do anything wrong and were not charged with anything

banie01

GDPR does not apply to government agencies and law enforcement when data are collected and processed for the prevention, investigation, detection, or prosecution of criminal offenses or the execution of criminal penalties or for preventing threats to public safety.

Your fingerprints and any other personally identifiable information obtained by the Gardaí, will be kept indefinitely and are not subject to GDPR guidelines.

Credit Checker Moose

There is a right to have photographs and fingerprints destroyed after 1 year if no charges were brought.

If I remember correctly, the accused has to object to the taking of photos and prints to invoke the law. If you just roll over and voluntarily give photos and prints you are out of luck.

Glass fused light

banie01 wrote: »

Your fingerprints and any other personally identifiable information obtained by the Gardaí, will be kept indefinitely and are not subject to GDPR guidelines.

Under the old rules the DP commissioner has taken a test case regarding the right of access and the right to correct any data held. It was on the principle of testing the parameters/scope of the DP legistation within the legal framework as a whole.

The DPC has the right to access the information if a complaint is made about the existance and validity of any data held by the Gardaí They are obliged to correct any data if requested to do so. However the only feedback the person will get is that the DPC has reviewed any files on their behalf without any confirmation that any data exists.

GM228

Credit Checker Moose wrote: »

There is a right to have photographs and fingerprints destroyed after 1 year if no charges were brought.

If I remember correctly, the accused has to object to the taking of photos and prints to invoke the law. If you just roll over and voluntarily give photos and prints you are out of luck.

There is no "right" to have them destroyed, rather it is a legal requirement for Gardaí to destroy them (after 15 months) if they are taken under the Criminal Justice Act 1984 as amended.

You do not have to object as such, once Gardaí invoke the 1984 Act there is a legal requirement weather or not you agree, however Gardaí also have a common law power to seek fingerprints, in other words if they ask to take fingerprints without invoking the 1984 Act and you don't object there is no legal requirement to destroy, this was held by the Supreme Court in the DPP vs Kenny [1990] 2 IR 110 case and more recently reaffirmed in the Supreme Court DPP vs Cash [2010] IESC 1 case.