Andrew Patterson
Mel McWeeney
Refusal of Data Protection request
Ref: OF/COM/004/02
Dear Mr. McWeeney,
I Andrew Patterson Andrew Patterson andrew.patterson@ombudsman.gov.ie Peter Tyndall Peter Tyndall Peter Tyndall Office of the Ombudsman Irish Office of the Ombudsman The Irish Ombudsman Office of the Information Commissioner Standards in Public Office Commission http://ombudsman.gov.ie/ https://twitter.com/officeombudsman https://www.linkedin.com/company/office-of-the-ombudsman-ireland Investigates complaints about public officials. 18 Lower Leeson Street Dublin D02 HE97 Ireland (1890)253238 (01)6395689 (01)6395674 (01)6395676 Dáil Éireann The Government of Ireland Kildare Street Dublin Ireland refer to your letter which we received on 28 March 2014 in which you request under the Data Protection Act, 1988 and 2003 a copy of the detailed report sent to your Offices by the council/s concerning case number L30/13/1772.
With regard to file L30/13/1772, section 9 (1) of the Ombudsman Act, 1980 provides that information provided by the Ombudsman Peter Tyndall Peter Tyndall Office of the Ombudsman Irish Office of the Ombudsman The Irish Ombudsman Office of the Information Commissioner Standards in Public Office Commission http://ombudsman.gov.ie/ https://twitter.com/officeombudsman https://www.linkedin.com/company/office-of-the-ombudsman-ireland Investigates complaints about public officials. 18 Lower Leeson Street Dublin D02 HE97 Ireland (1890)253238 (01)6395689 (01)6395674 (01)6395676 Dáil Éireann The Government of Ireland Kildare Street Dublin Ireland in the course of a preliminary examination or an investigation under the Act shall not be disclosed except for the purposes envisaged in Subsections (1)(a) or (1)(b). I enclose a copy of this section for your information. As far as your request is concerned, the Data Protection Act, 1988 (Restriction of Section 4) Regulations 1989 (S.I. 81 of 1989) provide that the right of access conferred by Section 4 of the Data Protection Act, 1988 does not apply to Section 9 of the Ombudsman Act, 1980. A copy of these regulations is also enclosed.
Since Section 4 of the Data Protection Act, 1988 does not apply to this data and since the disclosure which you seek is precluded by the terms of the Ombudsman Act, I regret that I can not accede to your request.
I have decided not to charge you for your request and I return your cheque for €6.35 accordingly.
I wish to inform you that you have a right to complain to the Data Protection Commissioner Office of the Data Protection Commissioner Irish Data Protection Commissioner http://dataprotection.ie/ Investigates complaints about misuse of data Station Road Portarlington Co. Laois Ireland Canal House, Station Road, Portarlington, Co. Laois, about this refusal.
Andrew PattersonData Controller