The Dáil, Seanad and Government officials have challenged an Enforcement Notice of the Data Protection Commission, directing them to allow a citizen access official documents of a parliamentary committee of inquiry.
The Ceann Comhairle and Cathaoirleach, as well as both Clerks of the Dáil and Senead and the House of Oireachtas Commission and the Houses of the Oireachtas Service are also among eight appellants bidding to have former data protection chief Helen Dixon’s ruling annulled.
The notice had been issued only three days before stepping down from her five-year term as commissioner annulled.
She made the Enforcement Notice against the various entities and officers of State on 16 February last. Failure of the appellants to obey the commissioner’s direction carried both civil and criminal penalty.
An Irish citizen had officially asked and was refused access to personal data he alleged was being controlled by the State bodies and representatives and had complained to the Data Protection Commissioner who held in his favour and issued the Enforcement Notice.
Evidence before Judge John O’Connor in the Circuit Civil Court, contesting the Commissioner’s decision, was led by Melissa English, S.C., assistant secretary to the Department of the Oireachtas and Chief Parliamentary Adviser within the Office of Parliamentary Legal Advisers.
Ms English had sworn an affidavit on behalf of the Dáil and Seanad and officials bringing the appeal, stating that the commission had sought to direct all of the appellants to provide access to documentation to the person who had complained together with information on the processing of his personal data.
Ms English stated that the appellants had set out grounds on which they maintained that the Enforcement Notice was void and should be annulled by the court.
She said that by email on 4 July 2018 to the clerk of the Joint Committee on Communications, Climate Action and the Environment, the complainant had sought access to his personal data.
The joint committee had refused to grant access to official documents of the Dáil committee.
Ms English stated that the decision of the commission and the Enforcement Notice had failed to respect the appellants’ right to fair procedures and was otherwise vitiated by a series of serious and significant errors.
The appeal had been listed today for mention regarding potential dates for hearing but Judge O’Connor was told that the parties had consented to it going to mediation and the proceedings being adjourned generally with leave to re-enter in the event of a break-down.
Judge O’Connor adjourning the appeal, was told a date for mediation had not been set yet nor a mediator appointed.
