Can adjudicators draw inferences from a failure to respond to data subject access requests?

Posted in : First Tuesday Q&A ROI on 6 September 2016
Zelda Cunningham
Arthur Cox
Issues covered:

There is no legal basis for which an Adjudicator Officer can draw adverse inferences from a failure by an employer to respond to a data access requested under the Data Protection Acts 1988 and 2003 (the "DPA"). Non-compliance with the DPA is a matter within the jurisdiction of the Office of the Data Protection Commissioner. It is not generally an issue for an Adjudication Officer.

However, in relation to complaints where an Adjudication Officer must have regard to the employer's conduct when interacting with an employee (e.g. unfair dismissal claims, discrimination claims, etc), an Adjudication Officer may consider (again, there is no legal basis for this) a failure by an employer to comply

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Back to Q&A's This article is correct at 06/09/2016

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Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email

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