The Garda Síochána (the national police force) hold a large volume of records in relation to individual members of society. These records are gathered and stored as part of the main function of the Gardaí; that is, to investigate and detect crime, to protect life and property and to prevent crime.
The Data Protection Acts 1998 to 2003 confer rights on you to access certain information (on computer, in manual or paper files) about you which is held by the Gardaí. An example of this information would be any entry by the Gardaí on the Garda PULSE system (the Garda computer system), or in Garda investigation files.
Yes, but there are a number of restrictions on the data you may access.
Section 4 of the Data Protection Act allows you to make a request to the Gardaí for a copy of any of your personal data being kept by them. On making an access request to the Gardaí, you are entitled to:
You have a number of other rights under the Data Protection Acts, in addition to the right of access described above These additional rights include the right to have any inaccurate personal information about you corrected or erased and the right to complain to the Data Protection Commissioner.
Once the Gardaí receive a correct request from you, they must reply to you within 40 days. This is the case even if they do not hold any of your personal data or they are refusing the request.
If the Gardaí decide that the information is to be provided to you, they must:
If you request a copy of your criminal record, the record will be provided in 2 parts, with spent convictions provided separately from the other convictions (if any).
Under the Data Protection Acts, the Gardaí can refuse any request for personal data and can withhold that information on the following grounds:
Yes. The Gardaí may receive an access request by a representative on your behalf. They will however will need to satisfy themselves as to the identity of that person and will have to be provided with enough information about you to assist in establishing identity and locating the data sought or requested.
The Gardaí will require written confirmation from you, authorising your representative to make the request. An example of this could be where your solicitor would be authorised by you to request the information.
Where the request is in relation to a child, then a parent or guardian can exercise the right to apply for and receive the information on behalf of the child if:
Yes. In certain circumstances, the Gardaí are entitled to access your personal data. In such circumstances the person holding such personal data on you will not be in breach of the rules against disclosing personal data to third parties. The following are the occasions where the Gardaí are allowed to access such personal data:
Requests for personal data must be made in writing to the Garda Criminal Records Office. While it is not a requirement to mention the Data Information Acts, it is recommended that you do. You can download the Gardaí's access request form (pdf).
You must provide enough information to establish your identity and to allow the Vetting Unit to locate the information you request. It is important (from the Gardaí’s point of view) that they establish your identity to ensure the information is given to the right person.
In order to obtain your own personal data, you are required to provide the following:
If you are of the opinion that the Gardaí are in breach of the law by not giving you the personal data you requested, you can make a complaint to the Data Protection Commissioner. The Commissioner will investigate your complaint unless they are of the opinion that the complaint is frivolous or vexatious. (That is, your complaint is without any foundation). As soon as the Data Protection Commissioner has investigated your complaint, you will be notified in writing of the decision.
If the Data Protection Commissioner is of the opinion that the Gardaí are in breach of the Act, the Commissioner may serve what is called an enforcement notice on the Garda Commissioner and make the Gardaí hand over to you the information you requested.
Requests for your personal data, or a request on behalf of someone else should be addressed to:
Data Protection Processing Unit
Vinegar Hill Lane
Locall:1890 488 488
Appeals or complaints about a decision to refuse you access to information held about you by the Gardai should be made to:
If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000. The Phone Service will operate Monday to Friday, 9am to 6pm during January 2017. You can also visit your local Citizens Information Centre.