Case Study 2:Unacceptable delay by O2 in processing an access request [2012] IEDPC 2 (2012)

Case Study 2:Unacceptable delay by O2 in processing an access request [2012] IEDPC 2 (2012)

O2 breached Section 4(1)(a) of the Data Protection Acts by failing to provide the requested personal data within the statutory forty-day period due to delayed fee request and incorrect initial search.

Citation
[2012] IEDPC 2
Parties
Respondent: O2; Applicant: Requester
Jurisdiction
Ireland
Procedural Posture
Data Protection Complaint / Decision by Data Protection Commissioner
Outcome
O2 found in contravention of Section 4(1)(a) of the Data Protection Acts.
Legal Topics
Access Request, Delay in Processing, Retention of Call Records, Fee for Access Request
Data Protection Telecommunications Access Request Delay in Processing Retention of Call Records Fee for Access Request

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Parties

O2

Respondent

Requester

Applicant

Procedural Posture

Data Protection Complaint / Decision by Data Protection Commissioner

Legal Issues

  1. 1 Whether O2 contravened Section 4(1)(a) of the Data Protection Acts by failing to provide personal data within the statutory timeframe
  2. 2 Whether O2's delay in requesting the fee and incorrect search contributed to the unacceptable delay

Ratio Decidendi

O2 breached Section 4(1)(a) of the Data Protection Acts by failing to provide the requested personal data within the statutory forty-day period due to delayed fee request and incorrect initial search.

Court Disposition

O2 found in contravention of Section 4(1)(a) of the Data Protection Acts.

Orders

  • Formal decision issued under Section 10 of the Data Protection Acts confirming breach by O2