An access request and a successful claim of legal privilege by a Data Controller [2008] IEDPC 9

An access request and a successful claim of legal privilege by a Data Controller [2008] IEDPC 9

The documents were created after receipt of solicitor's letters intimating claims and were communications between client and legal advisers; therefore, the claim of legal privilege was properly founded and the exemption applied.

Citation
[2008] IEDPC 9
Parties
Applicant: Solicitor's client (data subject); Respondent: Former employer (data controller)
Jurisdiction
Ireland
Procedural Posture
Data Protection Complaint / Investigation and Determination by Data Protection Commission
Outcome
Claim of legal privilege upheld; data controller entitled to withhold the documents.
Legal Topics
Access to Personal Data, Legal Professional Privilege, Exemptions to Data Access
Data Protection Employment Law Access to Personal Data Legal Professional Privilege Exemptions to Data Access

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Solicitor's client (data subject)

Applicant

Former employer (data controller)

Respondent

Procedural Posture

Data Protection Complaint / Investigation and Determination by Data Protection Commission

Legal Issues

  1. 1 Whether the data controller was entitled to withhold documents from an access request on grounds of legal privilege under the Data Protection Acts

Ratio Decidendi

The documents were created after receipt of solicitor's letters intimating claims and were communications between client and legal advisers; therefore, the claim of legal privilege was properly founded and the exemption applied.

Court Disposition

Claim of legal privilege upheld; data controller entitled to withhold the documents.

Orders

  • No order for release of the privileged documents.