Secret tapes in du Plantier case unlikely to be released

Secret recordings of conversations between gardaí and journalists about the Sophie Toscan du Plantier murder are unlikely to be released to the reporters involved, the Data Protection Commissioner has warned.

The National Union of Journalists has urged members who suspect their calls may have been recorded to seek copies of what the High Court heard yesterday were “hundreds” of recordings amid fears that sources could be exposed and left vulnerable by the contents of the calls. UCD law lecturer TJ McIntyre also urged journalists to take this action, advising them to make a formal “subject access request” to An Garda Síochána under sections 3 and 4 of the Data Protection Act.

However, in a statement, the office of the Data Protection Commissioner said the legal right of access to a copy of personal data held by any organisation might not apply in this case.

“Telephone call recordings constitute personal data insofar as they contain information related to the persons on the call. It would not be clear that a journalist having a telephone conversation enquiring about a particular case under investigation could be considered in this context to be the personal data of the journalist.”

The statement continued: “We would not consider that the content of those types of calls would likely fail to be considered for release where requested under section 4 of the Data Protection Acts.

“The position would be different in relation to call recordings where the caller is referring to their own personal case or an investigation about them personally as these would likely contain personal data about the caller which would be subject to consideration for release.”

Ian Bailey, formerly the chief suspect in Ms Toscan du Plantier’s murder, is suing the State for wrongful arrest and one of the arguments in his case is that gardaí used the media to try to frame him by leaking evidence against him.

Before adjourning the case to May, the High Court heard yesterday that 130 tapes whose existence was disclosed in the ongoing Garda bugging controversy, included recordings of calls between gardaí and key witnesses and what was described as an “extraordinary” volume of calls between gardaí and journalists.

NUJ Irish secretary Seamus Dooley said he was concerned about the impact on the way journalists work if the tapes became public. “Journalists must have the right to protect confidential sources of information and that right has been recognised internationally and indeed by our own Supreme Court,” he said.