Case study 11: Access request for old records [2011] IEDPC 11 (2011)

Case study 11: Access request for old records [2011] IEDPC 11 (2011)

PAS was required to release all personal data to the requester except for portions validly withheld under the confidentiality exemption; the exemption could not be applied to entire documents. PAS must ensure effective implementation of its retention policy.

Citation
[2011] IEDPC 11
Parties
Applicant: Complainant; Respondent: Public Appointments Service
Jurisdiction
Ireland
Procedural Posture
Data Protection Complaint / Investigation and Determination
Outcome
Complaint upheld in part; PAS required to release additional personal data to applicant.
Legal Topics
Access to Personal Data, Data Retention, Confidentiality Exemption
Data Protection Access to Personal Data Data Retention Confidentiality Exemption

Case Brief

Summary, issues, holding and outcome

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Parties

Complainant

Applicant

Public Appointments Service

Respondent

Procedural Posture

Data Protection Complaint / Investigation and Determination

Legal Issues

  1. 1 Whether PAS complied with the access request for personal data from old records
  2. 2 Whether PAS validly applied the confidentiality exemption under Section 4(4A)(b)(ii)
  3. 3 Whether PAS's retention of records complied with data protection requirements

Ratio Decidendi

PAS was required to release all personal data to the requester except for portions validly withheld under the confidentiality exemption; the exemption could not be applied to entire documents. PAS must ensure effective implementation of its retention policy.

Court Disposition

Complaint upheld in part; PAS required to release additional personal data to applicant.

Orders

  • PAS to release personal data not validly withheld under confidentiality exemption.
  • PAS advised to re-examine and effectively implement its records retention policy.