Eamon McShane v Data Protection Commission & HSE [2025]
Decision Number: [2025] IEHC 191 Legal Body: High Court of Ireland
Published on: 29/04/2025
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Patrick Barrett BL Barrister-at-Law
Patrick Barrett BL Barrister-at-Law
Patrick barrett case reviews

The Bar of Ireland

Orchard Way, Killarney V93Y9W9.
DX: 51010 Killarney 
Tel: (087) 4361270

Patrick's legal education is robust, beginning with a BCL Law Degree from University College Cork (2012-2016), followed by an LL.M in Business Law from the same institution (2016-2017), and culminating in a Barrister-at-Law Degree from The Honorable Society of King’s Inns in Dublin (2019-2021). He has extensive experience on the South-West Circuit, handling Civil, Family, and Criminal Law cases, as well as advising the Citizen Advice Service.  He has worked as an employment consultant, dealing with workplace investigations and bankruptcy procedures.

Complainant:
Eamon McShane
Respondent:
Data Protection Commission & HSE
Summary

HSE was found not to be a “data controller” for personal data stored without authorisation on complainant's work-issued phone.

Background

The Complainant, a fire prevention officer with the HSE, made a complaint to the Data Protection Commission (DPC) in December 2021 alleging a data breach concerning personal data stored on his HSE-issued work mobile phone. He believed this phone, used without authorisation for personal matters, was compromised during the May 2021 cyberattack on the HSE, leading to the hacking of his personal email and cryptocurrency accounts. The DPC concluded in May 2022 that the HSE was not a “data controller” of the Complainant’s personal data because his use of the work phone for personal purposes was unauthorised and outside

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 29/04/2025
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