Data Protection report highlights privacy issue

The media should have more respect for people's privacy, the Data Protection Commissioner has said.

The media should have more respect for people's privacy, the Data Protection Commissioner has said.

Data Commissioner Billy Hawkes said editors had to be able to justify publishing details of someone's personal life while balancing the right to privacy with a public interest test.

There is a call to be made of whether something is in the public interest or not, particularly when we are talking about personal lives
Data Protection Commissioner Billy Hawkes

And he said he was far from happy with the lack of respect for privacy certain sections of the media had displayed.

"There is a call to be made of whether something is in the public interest or not, particularly when we are talking about personal lives," he said.

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"I think there have been some very bad examples including some brought to our attention, totally unjustifiable invasions of privacy where there could be no possible need to reveal information about someone's children for example."

Mr Hawkes, who took over from Joe Meade last April, insisted there was no need for personal details or harmful, and at times salacious, stories to be printed.

He warned that editors did not have sole discretion to decide if something was in the public interest.

The 2005 annual report revealed three complaints were made against newspapers over stories. One newspaper, which was not named for legal reasons, was found to have breached data protection rules and also the industry's own code of practice. It is understood the paper now faces being sued.

Under the Data Protection Act, the commissioner can rule whether or not legislation has been breached, but no sanctions are imposed. Complainants can use the commissioner's decisions to mount a civil action in the courts.

The report proposes legislative measures to strengthen privacy rights and takes on board the landmark ruling of the European Court of Human Rights in favour of protecting the rights of Princess Caroline of Monaco.

In the report, Mr Hawkes said he was pleased Minister for Justice Michael McDowell had taken steps to reform Ireland's outdated defamation laws.

Proposals on the new Defamation Bill will be brought to Cabinet tomorrow, while officials at the Department of Justice are also studying the Privacy Report, compiled by Senior Counsel Brian Murray.

The Data Commissioner's annual report also noted cold-calling was one of the biggest sources of complaints with one firm, Optic Communications, heavily criticised for its approach.

"There have been some appalling examples of aggressive, privacy invasive sales tactics being used against vulnerable people. But we are determined to stamp it out," he said.

The report noted the first prosecution for spamming after the 4's a Fortune company was fined €1,500 and ordered to pay costs of €1,000 after sending unsolicited texts to mobile phones.

PA