Shatter fails to defend illegal disclosure of Wallace details

Justice Minister, Alan Shatter unsuccessfully attempted to defend his disclosure on live television of personal information about Independent TD, Mick Wallace on the grounds of "freedom of expression".

Responding in writing to a formal complaint to the Data Commissioner by Deputy Wallace, Minister Shatter also tried to justify his comments on Prime Time on the grounds that he has a right to disclose such data in the pursuit of his "legitimate interests" such as in the defence of the Garda Síochána’s management of the penalty points system.

The Minister was told verbally by the former Garda Commissioner, Martin Callinan that Deputy Wallace had been stopped by gardaí for using his mobile phone while driving and then later unexpectedly raised the issue in a live television debate with the Wicklow TD.

Mr Shatter also tried to use this lack of written of data as a way of rejecting Deputy Callinan’s complaint. The Minister raised questions with the Data Protection Office “about the extent to which the provisions of the Data Protection Acts could be taken to apply to or could be used to regulate information .....that is held in a person’s mind”.

Earlier this week, the Data Protection Office found that Mr Shatter broke the law by disclosing on live television that Independent TD, Mick Wallace had been cautioned by gardaí for driving while using his mobile phone.

However, Data Commissioner, Billy Hawkes found that former Garda commissioner Martin Callinan had not broken the law by telling the justice minister of Mr Wallace’s misdemeanour.

Mr Shatter will not be subject to a penalty as he did not legally commit an offence. Mr Wallace can seek damages at the Circuit Court, however, and Mr Shatter can also appeal the data protection officer’s decision within 21 days.

Mr Shatter was informed of Mr Wallace’s mobile phone indiscretion by Mr Callinan when they were discussing the alleged improper cancellation of penalty points by gardaí.

However, Mr Callinan was not at fault for doing this, according to the Data Protection Office, as, under the 2005 Garda Síochána Act, he is obliged to keep the justice minister "fully informed" of any matters that should be brought to his attention.

However, the Data Protection Office found Mr Shatter did not have such legislative protection and the data commissioner said he was bound by "obligations of non-disclosure" of "personal data".

The data protection commissioner rejected Minister Shatter’s defence of “freedom of expression” saying this provision is only available to media organisations.

Mr Shatter made repeated efforts to reach an "amicable" agreement with Mr Wallace about the data protection breach but the independent TD was determined to see the formal complaint process through.

Mr Wallace, in his complaint, had dubbed the disclosure as a "bizarre, politically motivated and personal attack which is serious abuse of the minister’s power and privilege".