Failure to comply in full with an Access Request [2007] IEDPC 13
Legal privilege does not apply to standard internal accident reports created by employers following workplace accidents; such reports must be disclosed to the data subject unless a valid exemption applies.
- Citation
- [2007] IEDPC 13
- Parties
- Complainant: Data Subject; Data Controller / Employer: D.
- Jurisdiction
- Ireland
- Procedural Posture
- Data Protection Complaint / Decision by Data Protection Commissioner
- Outcome
- Complaint upheld in part; data controller required to release Internal Accident Report with redactions for third-party data.
- Legal Topics
- Subject Access Request, Legal Privilege, Workplace Accident Reports, Exemptions Under Data Protection Acts
Case Brief
Summary, issues, holding and outcome
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Parties
Data Subject
Complainant
D.
Data Controller / Employer
Procedural Posture
Data Protection Complaint / Decision by Data Protection Commissioner
Legal Issues
- 1 Whether the data controller complied fully with the subject access request within the statutory period
- 2 Whether legal privilege could be claimed over workplace accident reports to restrict access
Ratio Decidendi
Legal privilege does not apply to standard internal accident reports created by employers following workplace accidents; such reports must be disclosed to the data subject unless a valid exemption applies.
Court Disposition
Complaint upheld in part; data controller required to release Internal Accident Report with redactions for third-party data.
Orders
- Data controller to release Internal Accident Report to data subject with redactions for third-party and non-personal information.
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