Latest news with #DataProtectionAct2018
RTÉ News
31-07-2025
- Health
- RTÉ News
New toolkit for protecting data of vulnerable adults
The Data Protection Commission (DPC) has launched a new 'Adult Safeguarding Toolkit' to provide organisations and individuals with guidance and resources to protect the personal data of vulnerable adults. The toolkit offers a guide on how to collect, use, store, and share data related to vulnerable adults, while adhering to the principles of the General Data Protection Regulation (GDPR) and the Data Protection Act 2018. It includes practical advice, templates, and examples to help organisations implement effective data protection measures. Commissioners for Data Protection Des Hogan and Dale Sunderland emphasised at the toolkit's launch the importance of society recognising the safeguarding needs of vulnerable adults. "We know how vulnerable adults can face unique challenges in protecting their personal data and with this new toolkit which we are delighted to launch today, organisations now have the necessary tools and knowledge to safeguard this information and ensure the rights of vulnerable individuals are respected at all times," they said. The DPC developed the toolkit through collaboration with groups in the safeguarding sector including the HSE, Sage Advocacy, and Safeguarding Ireland. "The toolkit will help organisations working with at-risk adults, particularly in health and social care settings. "It will help staff make confident decisions around data protection, including data sharing, based on an informed assessment of risk, and guided by their own professional expertise social care services and knowledge," DPC Deputy Commissioner David Murphy said. The launch was attended by representatives from healthcare providers, social care organisations, legal professionals, and advocacy groups.
Irish Times
24-07-2025
- Irish Times
Data breach ‘distress' case does not need personal injuries board approval, Supreme Court rules
A man who claims he suffered from distress, upset and anxiety arising from a financial services company's disclosure of his personal data to a third party may bring a case for damages without Personal Injuries Assessment Board (PIAB) approval, the Supreme Court has ruled. The court's ruling clarifies that claims for damages for 'emotional disturbances' which fall short of a recognised psychiatric disorder are not 'personal injury' claims, as defined by the Personal Injuries Assessment Board Act 2003. Before his appeal to the Supreme Court, Patrick Dillon's case seeking damages against Irish Life Assurance plc arising from a data breach was dismissed by the Circuit Court and High Court. The breach complained of occurred when Irish Life erroneously shared letters containing Mr Dillion's personal and financial data with a third party. Both the Circuit Court and High Court ruled Mr Dillon's case sought damages for 'personal injury', and in circumstances where Mr Dillion did not obtain PIAB authorisation before bringing the proceedings, the case should be dismissed as being frivolous, vexatious or bound to fail. READ MORE Under the Personal Injuries Assessment Board Act 2003, a party proposing to bring a case seeking damages for 'personal injury' must obtain authorisation from the PIAB. Mr Dillon's appeal to the Supreme Court was rooted in the question of whether a claim for damages for distress, upset and anxiety falls under the definition of 'personal injury' in the Personal Injuries Assessment Board Act 2003. The Act defines personal injury as including 'any disease and any impairment of a person's physical or mental condition'. In a judgment on Thursday, Mr Justice Brian Murray, on behalf of a five-judge Supreme Court panel, ruled that claims for damages for 'emotional disturbances' like distress, upset, anxiety and inconvenience which fall short of a recognised psychiatric disorder – like Mr Dillon's – is not a personal injury claim, as defined by the Act. As such, the judge found the Circuit Court and High Court were wrong to dismiss Mr Dillon's case on the basis that he had not obtained PIAB authorisation. [ Woman who left scene after knocking down pedestrian who then died avoids jail Opens in new window ] The judge noted that Mr Dillon's case is for non-material damage under the Data Protection Act 2018. This Act allows for judicial remedy, including compensation, for infringement of a data subject's rights. Mr Justice Murray noted that those who bring claims solely for mental distress, anxiety and upset – which do not require PIAB authorisation – 'cannot expect anything other than very, very modest awards'. The judge said it would be possible for a plaintiff to bring a case alleging a breach of their rights under the Data Protection Act 2018 that gives rise to a medically recognised psychiatric injury. In those circumstances, PIAB authorisation would be required to bring the case.
Extra.ie
20-07-2025
- Extra.ie
Gardaí accuse cyclist of 'biased agenda' after he submits camera footage of alleged road offences
A cyclist who reported alleged road traffic offences to gardaí was accused of having a 'biased agenda' and warned he faces investigation from the Data Protection Commissioner. This is despite the fact that gardaí routinely request members of the public to submit their dashcam evidence in press releases they issue when seeking help in investigations into serious or fatal road incidents. The cyclist recently reported four alleged road traffic offences through the online Garda Traffic Watch portal. But he was shocked to receive a threatening response from gardaí, who claimed he did not have a 'legitimate' reason to collect camera footage attached to his report. Pic: Righttobikeit/X A cycling road safety campaigner behind the @righttobikeit account on X has since shared a picture of the letter received by the cyclist after he offered video footage of the alleged road traffic violations to gardaí. And according to the X account, other cyclists have also reported receiving 'identical' letters from the same garda. Labour TD Ciarán Ahern commented on the post, saying the letter from the garda is 'completely unacceptable'. He has also vowed to 'follow up on this with the Minister for Transport' [Darragh O'Brien]. Labour TD, Ciarán Ahern. Pic Stephen Collins/Collins Photos In the letter published online, a garda told the cyclist he 'reviewed' four incidents they reported, before accusing them of having a 'biased agenda'. The garda wrote: 'I believe there is a biased agenda in the way you are performing this function of reporting incidents and then wishing to provide alleged evidence gathered personally by you in the form of electronic media/data.' The garda writes that the cyclist's 'actions and agenda' could be seen as 'prejudicial to the Constitutional Rights of any accused person'. The garda added: 'I am aware that you use a portable video camera that is mounted to the bicycle in some way. Pic: Righttobikeit/X 'It also appears to me you record and keep video footagelelectronic data that is primarily recorded in public places which contain identifiable subjects for an unspecified period of time.' The garda continued: 'You have no basis whatsoever for performing this function.' The garda also urged the cyclist to read the Data Protection Act 2018 'in full'. And he warned: 'Your actions, and in the way in which you are storing video data and storing possibility many other unknown volumes of video footage/data containing identifiable subjects and are currently archiving this data to an undisclosed data storage in this fashion makes you a Data Controller.' As a result, the garda said the cyclist is therefore 'subject to the provisions of the Data Protection Act 2018 and all the regulations in relation to the capturing, storing and sharing of any data that is captured by you'. Pic: KarlM Photography/Shutterstock He further warned the cyclist that he does not have a 'legitimate reason' to collect such data. And he concludes by threatening to 'review' other similar incidents reported by the cyclist 'with a view of submitting a report for investigation to the Data Protection Commissioner'. According to the account which posted the letter on X, three other cyclists have since come forward claiming they 'received the same letter from the same garda' after they also attempted to report alleged road traffic offences. Pic: Righttobikeit/X The @righttobikeit X account described the letter as 'despicable and outrageous' and accused the garda who wrote of seeking 'to undermine the system'. On June 18, contacted the Gardai with details of the letter and asked for comment. Over the following three weeks, repeatedly requested a response, but none was provided. The story was held because we believed a Garda response to the apparent contradiction in investigative approaches warranted comment from the force. This week, we told Garda HQ we would be going to print with or without a response. A month after first being asked, a Garda spokesman replied to our query: 'It is quite clear from the advice of the Data Protection Commission, and the cited judgment in the case of Rynes vs Urad (2014), the Court of Justice of the European Union (CJEU), that in recording video/audio in a public place a driver/ cyclist is assuming the role of a data controller, and therefore is required to comply with the General Data Protection Regulation (GDPR) and applicable provisions of the Data Protection Act 2018.' 'An Garda Síochána does not comment on third-party remarks. An Garda Síochána does not comment on the details of correspondence with private individuals.' 'Where An Garda Síochána, or any agency, intends to use a digital image for a prosecution, An Garda Síochána must, in the first instance, be able to prove the veracity of the digital image. Therefore, An Garda Síochána cannot accept unsolicited images. 'However An Garda Síochána should engage with the complainant/witness and endeavour to prove the veracity of the footage, by arranging for direct in-person download of the footage and an accompanying statement of complaint by the complainant/witness. The third party must be available to attend in court and may be required to prove the digital image. 'A common misconception is that a member of An Garda Síochána can provide an unsolicited, unverified digital image in court as evidence. This is not possible. Each complaint/ investigation is individual and is progressed on an individual basis.' He continued: 'Action 29 in Ireland's Government Road Safety Strategy 2021 – 2023 provides that An Garda Síochána 'explore the potential of an online portal for road users to upload footage of road traffic offences which could assist in prosecution.' 'In conjunction with the development of a Digital Evidence Management System (DEMS) to facilitate the role out of Body Worn Cameras (BWC), An Garda Síochána is developing a modern legal platform which will facilitate the transfer of third party video to An Garda Síochána in a safe manner, protecting the evidential value of the images/ video and complying with legal frameworks. 'Any person who has a complaint regarding the conduct of members of An Garda Síochána can contact Fiosrú, the Office of the Police Ombudsman: Home – Fiosrú,' he concluded.
Glasgow Times
09-07-2025
- Entertainment
- Glasgow Times
Applications now open for next series of MasterChef
The show is looking for enthusiastic home cooks from across the country to impress the MasterChef judges. Whether you have been cooking for years or are simply confident in your skills, this is your opportunity. To apply, go to All application information will be handled in accordance with the Data Protection Act 2018.
North Wales Chronicle
26-06-2025
- Politics
- North Wales Chronicle
Police's disposal of miners' strike documents ‘deeply worrying'
Information related to the so-called Battle of Orgreave is said to be among the two boxes which were disposed of by the force in April 2024. Lucy Powell said anyone involved in the strikes 'must retain the records' and come forward with information when asked to, after Labour MP Ian Lavery raised concerns in the Commons. In its manifesto, the Labour Party pledged to ensure, through an investigation or inquiry, 'that the truth about the events at Orgreave comes to light'. The violent confrontation in June 1984 outside a coking plant in Orgreave, South Yorkshire, led to many miners being injured and arrested, although their trials later collapsed. Speaking during business questions, Mr Lavery said it was 'extremely disturbing news that Northumbria Police has destroyed all documents relating to the miners' strike, including Orgreave'. The MP for Blyth and Ashington said: 'It is absolutely alarming. 'The Labour Government have pledged an inquiry through investigation into these events, yet the wanton destruction of this vital and critical evidence has been allowed to happen. 'Is this a sinister attempt to obscure justice? I'm not sure if anybody is prepared to answer that question. 'Who gave the permission to destroy these documents and what's behind it? 'Can we have an urgent debate into how the Government can instruct all police forces, all authorities, everyone that holds any detail on the miners' strike and on Orgreave (to) make sure that they retain and maintain that evidence, for when the Labour Government maintains its pledge for an inquiry into the events that happened in 1984. 'Because justice cannot be served if the evidence is systematically and deliberately destroyed.' Ms Powell replied: 'This sounds like a deeply, deeply worrying development in this case, and I am sure the whole House will be shocked to hear it. 'He has campaigned for justice and for answers in relation to what happened at Orgreave, 41 years ago, raised it with me last week. I will continue to raise that with ministers on his behalf. 'And I would join him in saying to people, anyone involved, that they must retain the records and they must come forward, as they would be expected to do when those questions are asked, with every bit of information they've got on what happened.' News of the destroyed boxes came to light following a freedom of information request from Joe Diviney, a PhD researcher at the University of Sheffield, the Guardian reports. A Northumbria Police spokesperson said: 'We can confirm two boxes containing data in relation to the miners' strike were disposed of in April 2024 following a formal review, retain or disposal process in line with force policy and the Data Protection Act 2018.'
