Judgement reserved on challenge by Allan Shatter to data protection ruling
A High Court judge has reserved judgment on former Justice Minister Alan Shatter’s challenge to a finding that his live TV disclosure of information concerning Independent TD Mick Wallace was in breach of his statutory duties under the data protection act,
Mr Shatter denies his reference during an RTE Prime Time interview in May 2013 to Mr Wallace being allegedly cautioned by gardai over allegedly using a mobile phone while driving amounted to a use and disclosure of personal data of Mr Wallace’s.
Mr Shatter has appealed over the Circuit Civil Court’s dismissal of his challenge to the Data Protection Commissioner’s May 2016 decision his disclosure breached his statutory duties under the data protection act.
Mr Wallace complained to the DPC after the Prime Time interview and has taken separate civil proceedings against the Minister for Justice, and against Mr Shatter personally, over the matter which have yet to be heard.
In his High Court proceedings, Mr Shatter claims then DPC Billy Hawkes 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 procedures.
Mr Shatter’s lawyers have said he never had, or saw, any written record of the information communicated to him during a conversation with then Garda Commissioner Martin Callanan, the information was "in his mind" only and what he said did not amount to "processing" it.
The DPC maintains Mr Shatter "processed" data of Mr Wallace’s within the meaning of the relevant provisions of the act.The definition of processing means using and disclosing personal data and to do that involved an act of processing, Paul Anthony McDermott SC, for the commissioner, argued.
In closing arguments on Thursday, Eileen Barrington SC, for Mr Shatter, said, while Mr McDermott has told the court Mr Shatter had said he should never have done what he did, the court should note Mr Shatter has never made any concession that what he did was unlawful or had breached the acts.
Her side had also never suggested the Commissioner had any animus against Mr Shatter or had acted in bad faith, she added.
After the three day hearing concluded today before Mr Justice Charles Meenan, he reserved judgment.
