Access to Garda records

Rules

Can I access any data being held on me by the Gardaí?

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:

• A copy of the data being kept about you
• A copy of any data held about you which is an opinion (except where such opinions were given in confidence)
• Know the purpose for which the data is being kept
• Know the identity of anyone to whom the Gardaí disclose that data
• Know the source of the data (i.e. where the data came from) unless it is contrary to public interest.

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:

• Supply the information to you within 40 days of receiving your request
• Provide the information in a manner or form which will be clear to you.

Why can the Gardaí refuse my request?

Under the Data Protection Acts, the Gardaí can refuse any request for personal data and can withhold that information on the following grounds:

• If the access application or request for data would identify someone else. This also applies in relation to the obligation on the Gardaí to provide details of the source of the information held. If the source or origin of the information identifies a third party, then it can be withheld.
• If the personal data being kept is for the purpose of preventing, detecting or investigating crime, or for arresting or prosecuting offenders.

Can somebody apply to the Gardaí for my personal data on my behalf?

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:

• The child does not have the intellectual ability to understand the nature of the request
• The parent or guardian is acting in the best interest of the child.

Can the Gardaí access personal data held on me by other people?

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:

• If in the opinion of a member of the Gardaí (not below the rank of Chief Superintendent), the personal data is required for the purpose of safeguarding the security of the State
• If the personal data is required for the purpose of preventing, detecting or investigating crime or for arresting or prosecuting offenders