Former Minister for Justice Alan Shatter’s disclosure of information about Independent TD Mick Wallace on RTE’s Prime Time did not breach data protection laws because the information was “in his mind” only, the High Court has been told.
The information – that Mr Wallace was allegedly cautioned by gardai for using a mobile phone while driving – was provided to Mr Shatter during a conversation with then Garda Commissioner Martin Callanan, Eileen Barrington SC said.
It was “critical” the information was never recorded on the Garda Pulse system and Mr Shatter has never seen an internal Garda email said to have contained the information or any other written note or record of it, she said.
It was “absurd” that information only in Mr Shatter’s mind had been found by the Data Protection Commissioner (DPC) to be personal data processed by Mr Shatter, she said.
In his High Court proceedings, Mr Shatter claims the DPC failed to set out the basis for his conclusion the information was personal data and had prejudged that issue and acted in breach of fair prcoedures.
He claims, on the same day Mr Wallace lodged a complaint over Mr Shatter’s comments, the commissioner made a statement to RTÉ News to the effect personal data had been disclosed during the Prime Time debate.
He disputes arguments by the commissioner, because Mr Shatter was minster for justcie when he made the disclosure, he does not have the necessary legal standing to appeal the commissioner’s decision.
Ms Barrington said the DPC decision relates to criticisms of Mr Shatter’s personal actions in going on Prime Time and making the disclosure. The Court of Appeal, in upholding Mr Shatter’s separate challenge to the Guerin report, found he had rights as a citizen to vindicate his constitutional right to his good name and fair procedures.
Counsel argued the DPC had wrongly applied the data protection laws in this case and erred in finding Mr Shatter a “joint controller” of personal data. Mr Shatter did not control the content and use of information passed orally to him by the Garda Commissioner, she submitted.
The DPC denies the claims and also contends Mr Shatter had no legal standing to bring the appeal as Mr Wallace’s complaint to the commissioner was made against the minister for justice. Mr Shatter acted at all times in his capacity as minister and the only person who could take such an appeal was the current minister, it is pleaded.
The case continues.