CASE STUDIES 2013 - Data Protection Commissioner - Ireland [2013] IEDPC 11 (2013)

CASE STUDIES 2013 - Data Protection Commissioner - Ireland [2013] IEDPC 11 (2013)

The organisation could not rely on Section 4(4A) to restrict access to the personal data in the email, as the author was in a position of authority and the context did not meet the high threshold for confidentiality required by the provision.

Citation
[2013] IEDPC 11
Parties
Complainant: Employee of a media organisation; Respondent: Media organisation
Jurisdiction
Ireland
Procedural Posture
Data Protection Complaint / Investigation and Determination
Outcome
Complaint upheld; organisation required to release withheld personal data.
Legal Topics
Access to Personal Data, Confidentiality of Opinions, Section 4(4 A) Data Protection Acts
Data Protection Access to Personal Data Confidentiality of Opinions Section 4(4 A) Data Protection Acts

Case Brief

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Parties

Employee of a media organisation

Complainant

Media organisation

Respondent

Procedural Posture

Data Protection Complaint / Investigation and Determination

Legal Issues

  1. 1 Whether Section 4(4A) validly restricts access to personal data consisting of an expression of opinion given in confidence

Ratio Decidendi

The organisation could not rely on Section 4(4A) to restrict access to the personal data in the email, as the author was in a position of authority and the context did not meet the high threshold for confidentiality required by the provision.

Court Disposition

Complaint upheld; organisation required to release withheld personal data.

Orders

  • Organisation released previously withheld personal data to the complainant.