S: Failure to comply with an access request and appeal of an enforcement notice [2006] IEDPC 10

S: Failure to comply with an access request and appeal of an enforcement notice [2006] IEDPC 10

S failed to comply with the access request under Section 4(1) of the Data Protection Acts, justifying the issuance of an Enforcement Notice to compel provision of the requested sensitive personal data.

Citation
[2006] IEDPC 10
Parties
Data Controller: S; Data Subject/applicant: Child's family
Jurisdiction
Ireland
Procedural Posture
Appeal Against Enforcement Notice / Appeal Withdrawn at Circuit Court Hearing
Outcome
Appeal withdrawn; Enforcement Notice complied with.
Legal Topics
Access to Personal Data, Enforcement Notice, Sensitive Personal Data, Doctor Patient Confidentiality
Data Protection Health Law Access to Personal Data Enforcement Notice Sensitive Personal Data Doctor Patient Confidentiality

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

S

Data Controller

Child's family

Data Subject/applicant

Procedural Posture

Appeal Against Enforcement Notice / Appeal Withdrawn at Circuit Court Hearing

Legal Issues

  1. 1 Failure to comply with access request under Section 4 of Data Protection Acts
  2. 2 Justification for Enforcement Notice
  3. 3 Balancing statutory obligations and confidentiality

Ratio Decidendi

S failed to comply with the access request under Section 4(1) of the Data Protection Acts, justifying the issuance of an Enforcement Notice to compel provision of the requested sensitive personal data.

Court Disposition

Appeal withdrawn; Enforcement Notice complied with.

Orders

  • S to provide the child's personal data relating to attendance at S's facility in May 2004 to the solicitor of the child's family within twenty-one days.