Case Study 1: Insurance Companies Prosecuted for Registration Offences [2012] IEDPC 1 (2012)

Case Study 1: Insurance Companies Prosecuted for Registration Offences [2012] IEDPC 1 (2012)

The insurance companies processed social welfare data not specified in their register entries and for purposes not recorded, constituting breaches of Section 19(2)(a) and 19(2)(b) of the Data Protection Acts.

Source-derived case information.

Citation
[2012] IEDPC 1
Parties
Defendant: Zurich Insurance Plc; Defendant: FBD Insurance Plc; Defendant: Travelers Insurance Company Limited; Prosecutor: Data Protection Commissioner
Jurisdiction
Ireland
Procedural Posture
Criminal Prosecution / Final Judgment
Outcome
guilty plea accepted; probation applied
Legal Topics
Registration Offences, Processing of Personal Data, Data Breach, Social Welfare Data
Data Protection Criminal Law Registration Offences Processing of Personal Data Data Breach Social Welfare Data

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Parties

Zurich Insurance Plc

Defendant

FBD Insurance Plc

Defendant

Travelers Insurance Company Limited

Defendant

Data Protection Commissioner

Prosecutor

Procedural Posture

Criminal Prosecution / Final Judgment

Legal Issues

  1. 1 Whether insurance companies processed personal data in contravention of Section 19 of the Data Protection Acts
  2. 2 Whether insurance companies failed to record social welfare data and its purpose in the register entry

Ratio Decidendi

The insurance companies processed social welfare data not specified in their register entries and for purposes not recorded, constituting breaches of Section 19(2)(a) and 19(2)(b) of the Data Protection Acts.

Court Disposition

guilty plea accepted; probation applied

Orders

  • Each defendant to pay €20,000 to Capuchin Day Centre within two weeks
  • Legal costs recovered from defendants