C: Failure to comply with an access request [2006] IEDPC 12

C: Failure to comply with an access request [2006] IEDPC 12

C failed to comply with the access request within the statutory period, justifying the issuance of an enforcement notice. Compliance was achieved only after enforcement action was initiated.

Citation
[2006] IEDPC 12
Parties
Data Controller: C; Complainant: data subject (unnamed)
Jurisdiction
Ireland
Procedural Posture
Data Protection Complaint / Enforcement Notice Issued and Resolved
Outcome
Complaint upheld; enforcement notice issued; compliance achieved after enforcement.
Legal Topics
Access to Personal Data, Enforcement Notice, Non Compliance With Access Request
Data Protection Access to Personal Data Enforcement Notice Non Compliance With Access Request

Case Brief

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Parties

C

Data Controller

data subject (unnamed)

Complainant

Procedural Posture

Data Protection Complaint / Enforcement Notice Issued and Resolved

Legal Issues

  1. 1 Whether C failed to comply with a data access request within the statutory period
  2. 2 Whether enforcement action was warranted under data protection legislation

Ratio Decidendi

C failed to comply with the access request within the statutory period, justifying the issuance of an enforcement notice. Compliance was achieved only after enforcement action was initiated.

Court Disposition

Complaint upheld; enforcement notice issued; compliance achieved after enforcement.

Orders

  • C required to comply with access request within 21 days by enforcement notice
  • No further action required after compliance confirmed