Legal powers used to ensure compliance with an access request [2008] IEDPC 6

Legal powers used to ensure compliance with an access request [2008] IEDPC 6

X. X. breached its statutory obligations by failing to comply with a valid written access request and by ignoring the enforcement notice, justifying the use of legal powers to ensure compliance.

Citation
[2008] IEDPC 6
Parties
Complainant: Data Subject; Respondent: X. X.
Jurisdiction
Ireland
Procedural Posture
Data Protection Complaint / Post Investigation, Enforcement Notice Issued and Resolved
Outcome
amicable resolution achieved; complaint upheld
Legal Topics
Access Request, Enforcement Notice, Compliance, Personal Data
Data Protection Privacy Law Access Request Enforcement Notice Compliance Personal Data

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Parties

Data Subject

Complainant

X. X.

Respondent

Procedural Posture

Data Protection Complaint / Post Investigation, Enforcement Notice Issued and Resolved

Legal Issues

  1. 1 Whether X. X. complied with the data subject's access request under the Data Protection Acts
  2. 2 Whether X. X. breached sections 4(1) and 4(7) of the Data Protection Acts
  3. 3 Whether X. X. failed to comply with an enforcement notice

Ratio Decidendi

X. X. breached its statutory obligations by failing to comply with a valid written access request and by ignoring the enforcement notice, justifying the use of legal powers to ensure compliance.

Court Disposition

amicable resolution achieved; complaint upheld

Orders

  • X. X. provided the data subject with all personal data held relating to him.
  • X. X. apologised to the data subject.