Doolin v The Data Protection Commissioner [2022]

Posted In: Case Law
  • Decision Number
    IECA 117
  • Legal Body
    Court of Appeal (IECA)
  • Type of Claim / Jurisdiction
    Data Protection and Freedom of Information Act
Issues covered: CCTV; Data Protection; GDPR

In a previous article available here we discussed the judgement given by the High Court in Doolin v. The Data Protection Commissioner [2020] IECH90.

The High Court’s decision was appealed to the Court of Appeal by the DPC. The Court of Appeal in its decision held that the use of CCTV footage in the disciplinary process was unlawful, as the employer’s CCTV policy confirmed that CCTV footage was only collected and processed for the specific purpose of security.   As such, the employee could not have reasonably expected that the footage would be used to monitor his performance.

It was held that this difference in purpose was in contravention of the Data Protection Act, 1988 –

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This article is correct at 06/06/2022
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Amy McNicholas
Ogier Leman

The main content of this article was provided by Amy McNicholas. Contact telephone number is + 353 1 639 3000 or email 20info@leman.ie

View all articles by Amy McNicholas