Gardaí checking private information on members of the public, like licence details and criminal records, will be subject to official audit to ensure they have legitimate reasons to access the data.
They cannot release a person's driving record or crash details to insurance companies or private investigators, it was confirmed yesterday. An Garda Síochána yesterday released its data protection code of practice, a set of guidelines designed to ensure that private information on the service's Pulse computer system remains confidential.
The new code will become part of the service's training curriculum, said Garda Commissioner Noel Conroy.
"We live in an information age . . . We have a responsibility to use the information we gather both effectively and privately," said the commissioner.
The code has been drawn up with the help of Data Protection Commissioner Billy Hawkes and followed allegations that gardaí were illegally releasing information to private investigators working for insurance companies.
The Data Protection Commissioner's office confirmed yesterday that the release by gardaí of a person's driving history or crash details to an insurance company was a "clear breach" of the code.
"It would be a breach, no question," said Dermot Hallinan, spokesman for the commissioner, when asked to clarify the situation in a separate interview after the press conference.
"There may be certain situations, while undergoing an investigation, that gardaí will contact insurance companies, in the case of a fraud inquiry for instance, but if insurance companies are getting printouts of accident reports, that is a clear breach. Something is very wrong if that is happening," said Mr Hallinan.
Each garda or civilian employee of the service must log on to a computer to use the Pulse system, and the code of practice warns that "every contact on Pulse leaves a trace and every employee should be acutely aware that all activity under their registered number and password on Pulse is recorded".
Regular audits will "throw up unusual or irregular patterns of access to information," that will be investigated, said the commissioner.
Breaches will be treated very seriously, he said. "Data protection is part of the human right to privacy," added Mr Hawkes. Anyone found in breach of the code could be committing an offence under various Garda Acts, and exposing an Garda Síochána to litigation, the code warns.
Under the eight points of the new code gardaí are given strict instructions about why, when and to whom they can release information. The new code will be posted on the Garda website: www.garda.ie