Case Study 13 Stolen Laptops - Phone Companies Prosecuted For Loss of Personal Data [2012] IEDPC 13 (2012)

Case Study 13 Stolen Laptops - Phone Companies Prosecuted For Loss of Personal Data [2012] IEDPC 13 (2012)

Defendants failed to encrypt laptops containing personal data and did not notify the Data Protection Commissioner or affected customers without undue delay, breaching statutory obligations under SI 336 of 2011.

Citation
[2012] IEDPC 13
Parties
Defendant: Eircom; Defendant: Meteor; Prosecutor: Irish Data Protection Commissioner
Jurisdiction
Ireland
Procedural Posture
Criminal Prosecution / Judgment After Guilty Plea
Outcome
guilty pleas entered, prosecution case proven, conditional discharge under Probation of Offenders Act
Legal Topics
Personal Data Breach, Notification Obligations, Data Security, Encryption, Electronic Communications
Data Protection Criminal Law Personal Data Breach Notification Obligations Data Security Encryption Electronic Communications

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Parties

Eircom

Defendant

Meteor

Defendant

Irish Data Protection Commissioner

Prosecutor

Procedural Posture

Criminal Prosecution / Judgment After Guilty Plea

Legal Issues

  1. 1 failure to protect personal data by encryption
  2. 2 failure to notify Data Protection Commissioner without undue delay
  3. 3 failure to notify affected customers without undue delay

Ratio Decidendi

Defendants failed to encrypt laptops containing personal data and did not notify the Data Protection Commissioner or affected customers without undue delay, breaching statutory obligations under SI 336 of 2011.

Court Disposition

guilty pleas entered, prosecution case proven, conditional discharge under Probation of Offenders Act

Orders

  • Each defendant to make €15,000 charitable donation to nominated charities
  • Defendants to pay legal costs arising from prosecution