Gardaí may have breached data laws, Dáil hears

An Garda Síochána possibly handed over the names of victims and suspects in serious crimes to the Central Statistics Office (CSO), breaching the Data Protection Act, the Dáil has been told.

Under Dáil privilege, Labour TD Alan Kelly posed a series of pointed questions suggesting that because of poor practice within the force, the names and details of victims and suspects were handed over to the CSO, a third party, in breach of the law.

He was debating with Justice Minister Charlie Flanagan during a topical issue on garda statistics.

He said: “I want to know specifically if gardaí have, currently or in the past, handled in the correct manner personal crime data on citizens of the State?

“Have gardaí ever passed on to the CSO not just crime statistics but also the names and details of the perpetrators of serious crime? Have gardaí ever passed on names or details of those who are suspected of committing those serious crimes? Have they passed on the names or details of the victims of such serious crimes?

“Have gardaí been giving personal information on victims, perpetrators or suspects to the CSO as part of the transfer of data? If this was the case, is the minister absolutely confident to confirm that neither the Statistics Act 1993 nor the Data Protection Act 2018 has in any way been breached?

Will the minister tell the house if the acting garda commissioner has in the past invoked Section 41 of the Garda Síochána Act to inform the minister of anything in relation to this? Has the Policing Authority been informed of any concerns in relation to this?

In response, Mr Flanagan called on Mr Kelly to produce any evidence he has of any wrongdoing or breach of law.

“If Deputy Kelly has any evidence of wrongdoing or breach of law, I ask him to put that in writing to me, and if there are any irregularities of the type that have been implied yet again by Deputy Kelly, I would be happy to ensure that an appropriate investigation takes place,” he said.

Mr Flanagan said he welcomed ongoing collaboration between the CSO and the Garda Síochána.

“It is entirely appropriate that this matter be the subject of careful examination and enquiry by the Policing Authority,” he added.