McShane v Data Protection Commission (Approved) [2023] IEHC 567 (19 October 2023)
The applicant established an arguable case with a reasonable prospect of success that his complaint about work-related personal data was not handled or examined by the respondent, entitling him to leave for judicial review.
- Citation
- [2023] IEHC 567
- Parties
- Applicant: Eamon McShane; Respondent: Data Protection Commission; Notice Party: Health Service Executive
- Jurisdiction
- Ireland
- Judgment Date
- 19 October 2023
- Procedural Posture
- Judicial Review / Application for Leave
- Outcome
- Leave granted for judicial review
- Legal Topics
- Definition of Data Controller, Statutory Entitlement to Investigation, Scope of Complaint Handling, Availability of Statutory Appeal
Case Brief
Summary, issues, holding and outcome
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Parties
Eamon McShane
Applicant
Data Protection Commission
Respondent
Health Service Executive
Notice Party
Procedural Posture
Judicial Review / Application for Leave
Legal Issues
- 1 Whether the respondent failed to investigate the applicant's complaint regarding work-related personal data
- 2 Whether the notice party should be defined as a data controller for work-related personal data
- 3 Whether judicial review is available despite statutory appeal provisions
Ratio Decidendi
The applicant established an arguable case with a reasonable prospect of success that his complaint about work-related personal data was not handled or examined by the respondent, entitling him to leave for judicial review.
Court Disposition
Leave granted for judicial review
Orders
- Matter listed for mention to finalise orders on 1 November 2023
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