Data Protection Commissioner decision - challenge in court

[Jumpstartdublin]

Son received a decision from DPC to a long running complaint he had about data protection issues with a financial services provider.

The case was 4 years with the DPC and significant additional data was released after the DPC intervened. However they didn’t get the actual important data that we know exists and was actual basis of decision to terminate relations.

Says on decision that he could bring a section 26 appeal to circuit court http://www.irishstatutebook.ie/eli/1988/act/25/section/26/enacted/en/html

Does he need a solicitor to file application or can he do himself ?

 

[Jim2007]

Son received a decision from DPC to a long running complaint he had about data protection issues with a financial services provider.

The case was 4 years with the DPC and significant additional data was released after the DPC intervened. However they didn’t get the actual important data that we know exists and was actual basis of decision to terminate relations.

Says on decision that he could bring a section 26 appeal to circuit court http://www.irishstatutebook.ie/eli/1988/act/25/section/26/enacted/en/html

Does he need a solicitor to file application or can he do himself ?

I would say you need to take legal advice as to whether you even have a case and the points of law involved. The normal requirements for a business is that they destroy personal data once it is no longer needed for their business. So once a customer leaves, you would expect that there would be very little data remaining at this stage. So I don’t see how you can be sure it exists.

I don’t know where this is going, but.... you should probably also get advice on admissibility of information under the DPA in a future legal action, it is not a given.

 

[Ravima]

and remember, the only certainty in law, is expense! Have you funds to risk in the case?