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Adult Caution

  • 01-07-2013 4:26pm
    #1
    madmax9t
    Closed Accounts Posts: 3 ✭


    Hello, I have been given the option from the gardai to sign an adult caution. I was arrested a number of days ago and I am wondering if all of this (including the arrest) will show when I submit a Data Access Request form. Thankyou in advance.


Comments

  • #2
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Here is Garda Code of Practice for Data Protection. See the definition of personal data, which should show up in a data request:
    Personal data in the context of the Data Protection Acts 1988 and 2003, means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data controller. Examples of this are any report, statement, file or electronically recorded entry from which a living individual can be identified. An individual may also be identified by a unique pseudonym, a nickname, or some other characteristic or feature unique to them. In addition, it may also include a car registration held by An Garda Síochána and relating to a person. It also includes communications data (excluding content) and IP addresses held by An Garda Síochána and relating to a person. The Data Protection Acts do not apply to data that is anonymised to remove any personal data from it.

    The Adult Caution Scheme requires a written undertaking to be signed by the alleged offender. A Data Request will show up personal data such as reports, statements and files. On that basis, one might be surprised if his own Adult Caution did not show up.

    Another question might be what information would show up in Garda Vetting:
    Within current disclosure policy, details of all convictions and/or prosecutions, successful or not, pending or completed, in the State or elsewhere as the case may be are disclosed to the authorised liaison person in the registered organisation.
    This makes no mention of arrests or cautions.


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