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Data Protection

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  • 16-03-2009 11:04pm
    #1
    Random
    Closed Accounts Posts: 19,080 ✭✭✭✭


    From http://boards.ie/legal.php
    In the case of a genuine case of libellous grievance which requires a legal response, Boards.ie is obliged to request either a court order or letter from Garda superintendent before releasing any personal data about any of our members.

    I've probably missed something along the way and maybe this is a very general question... maybe it doesn't belong here?

    If a Garda Superintendant sends a letter to Boards.ie you guys will give out name / IP / email / etc?

    Thanks


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    #2
    Asiaprod
    Registered Users Posts: 6,737 ✭✭✭Asiaprod


    Random,
    Have highlighted this for attention by the CMs. They will get round to it shortly.
    Asia


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    #3
    Darragh
    Closed Accounts Posts: 4,241 ✭✭✭Darragh


    If a Garda Superintendant sends a letter to Boards.ie you guys will give out name / IP / email / etc?

    Hi there, thanks for the question!

    Under the Data Protection Act of 1988 we are legally obliged to do so to a Chief Superintendent. And if it can help a Criminal investigation, then we will comply, as instructed by The Data Protection Commissioner

    For your reference, the full text of section eight is below:
    Any restrictions in this Act on the disclosure of personal data do not apply if the disclosure is—

    ( a ) in the opinion of a member of the Garda Síochána not below the rank of chief superintendent or an officer of the Permanent Defence Force who holds an army rank not below that of colonel and is designated by the Minister for Defence under this paragraph, required for the purpose of safeguarding the security of the State,

    ( b ) required for the purpose of preventing, detecting or investigating offences, apprehending or prosecuting offenders or assessing or collecting any tax, duty or other moneys owed or payable to the State, a local authority or a health board, in any case in which the application of those restrictions would be likely to prejudice any of the matters aforesaid,

    ( c ) required in the interests of protecting the international relations of the State,

    ( d ) required urgently to prevent injury or other damage to the health of a person or serious loss of or damage to property,

    ( e ) required by or under any enactment or by a rule of law or order of a court,

    ( f ) required for the purposes of obtaining legal advice or for the purposes of, or in the course of, legal proceedings in which the person making the disclosure is a party or a witness,

    ( g ) made to the data subject concerned or to a person acting on his behalf, or

    ( h ) made at the request or with the consent of the data subject or a person acting on his behalf.

    I hope that helps

    Thanks

    Darragh


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    #4
    Random
    Closed Accounts Posts: 19,080 ✭✭✭✭Random


    I have no specific problems myself and I guess my question could maybe should have been directed to the legal discussion forum or some such for clarificaton on the DPA.

    From what you've quoted above though it can only be given to a Super if "required for the purpose of safeguarding the security of the State", is that correct then?

    I guess once you guys comply with the DPA (which I'm not 100% familiar with but I'm assured it's a good thing!) that's pretty much all that's required as reassurance though :)


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    #5
    Darragh
    Closed Accounts Posts: 4,241 ✭✭✭Darragh


    Random wrote: »
    I have no specific problems myself and I guess my question could maybe should have been directed to the legal discussion forum or some such for clarificaton on the DPA.

    From what you've quoted above though it can only be given to a Super if "required for the purpose of safeguarding the security of the State", is that correct then?

    I guess once you guys comply with the DPA (which I'm not 100% familiar with but I'm assured it's a good thing!) that's pretty much all that's required as reassurance though :)

    As far as I know it's for any reason of criminal act that a Chief Superintendent sees fit.
    ... required for the purpose of preventing, detecting or investigating offences, apprehending or prosecuting offenders

    We certainly feel that if the information we have can prevent crime, safeguard someone from injury or just stop something bad happening, then it's part of our duty as "responsible site-running people" to ensure that we help the legal process whatever way we can.

    If I can clarify further please let me know.


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