
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.
Background
The plaintiff asserted that he was illegally recorded by an employee of the defendant, resulting in significant personal and professional repercussions. He claimed a manager at the defendant's company was using his phone to make a video recording of him while he was on sick leave when he was assisting his mother-in-law with yard work. This recording, which the defendant contends was never used in disciplinary proceedings, was claimed by the plaintiff to have significantly impacted his subsequent suspension and dismissal. The plaintiff disputed the legitimacy of creating such a recording, arguing it was a severe intrusion into his private life and was conducted without lawful consent. Furthermore, the plaintiff contended that despite the defendant's claims that the video was deleted, there was no sworn testimony confirming this, and the data request for the video had not been satisfactorily addressed. The plaintiff argued that this video, whether used or not, constituted a processing of personal data under GDPR, resulting in non-material damage, including emotional distress and a profound mistrust of authorities. The plaintiff sought not only damages but also a declaration of rights infringement under data protection laws.
The defendant denied all allegations of illegal processing, possession, or use of the video recording in question. They asserted that the manager acted independently and not under the company’s directive when making the recording. The defendant maintains that the video was never utilised in the disciplinary process that led to the plaintiff's suspension and eventual dismissal. They argued that the video was irrelevant to the official proceedings and claim it was deleted, though this assertion lacks a sworn affidavit. The defendant further asserted that their actions, including the dismissal of the plaintiff, were based on legitimate interests and not on any video recording. They emphasise that the GDPR was not breached as the video was never in their control or used by the company.
Finding:
The court reviewed the case and referred to Judge John O'Connor's decision in Kaminski v Ballymaguire Foods Limited [2023] IECC 5, highlighting relevant GDPR provisions. The court found that the plaintiff’s manager recorded a video linked to the plaintiff’s dismissal, requiring the defendant to account for the video's status. Despite the defendant’s claim of not using the video in the dismissal decision, its destruction or erasure needed to be clarified for fairness. The court ordered the defendant to account for the video, declared a breach of the plaintiff's data rights, and awarded €5,500 in compensation. No findings were made on privacy breaches or negligence. Costs were awarded to the plaintiff.
Practical Guidance for Employers:
Employers should implement clear policies regarding recording employees to ensure compliance with GDPR. Unauthorised recording, especially of private activities, can lead to legal repercussions and claims of personal data breaches. Consent must be obtained before any recording, and the purpose and scope should be transparent. Employers must ensure that any data collected is relevant, necessary, and proportionate to the intended purpose. In case of disputes, employers should provide clear, sworn testimony about the status of the data. Maintaining comprehensive records and documentation of data handling practices can prevent misunderstandings and legal challenges, ensuring fair and lawful processing of personal data.
The full case can be found here:
https://www.courts.ie/view/judgments/07a0db9b-203a-439e-b543-1581908238c0/21b13c7f-967a-4d60-9750-a1ecf4c2bc3c/2024_IECC_6.pdf/pdf
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