Lawyers criticised on failure to obey data rules

The Data Protection Commissioner, Mr Joe Meade, has criticised the legal profession for its low level of compliance with a legal requirement to register with his office.

Publishing his annual report for 2001 yesterday, Mr Meade said only four legal professionals registered with his office last year despite the fact that registration was a legal requirement for any organisation holding sensitive types of computer data.

He said that he found it hard to believe that only four lawyers in the State kept computer records of a sensitive nature, noting the legal profession "may not be fully au fait with data protection law".

He added if compliance did not improve in the next couple of months he would take more proactive steps against lawyers.

Speaking in general of the responsibilities of data controllers, Mr Meade said he intended to use his full powers "against any organisation which abuses people's trust and which invades their privacy.

"The privacy rights of citizens and consumers cannot be taken for granted."

The commissioner sounded a cautious note on a move internationally towards increased counter-terrorism and surveillance measures in the wake of September 11th.

Any such measures, he said, should be balanced and proportionate.

"Privacy is one of the fundamental values that form the basis of democratic societies - the very values and the very societies that terrorists seek to destroy - and accordingly such values should be prized and preserved all the more vigorously, even in such trying times," he said.

The report showed the number of complaints received by the Commissioner last year increased by 78 per cent to 233.

One-third involved organisations in central and local government, 18 per cent the direct marketing sector, 12 per cent public services, 9 per cent the telecommunications and IT sectors, and 7 per cent financial services.

Some 35 per cent of complaints were upheld, 33 per cent were rejected and 32 per cent were resolved informally.

Among the cases cited in the report for 2001 was a complaint against a legal firm over its sourcing of information on an individual in a litigation case.

Mr Meade said it took 17 months and "the full use of my statutory powers" to get a satisfactory reply from the firm.

While the commissioner said that he considered the case to be an isolated one, Mr Meade said it caused him concern that a member of the legal profession "was reluctant to provide the straightforward information which I considered necessary to bring the complaint to a conclusion."

Another complaint cited was that against Victim Support and the Garda Síochána over the sharing of information without the consent of some victims, a practice which has since ceased.

Mr Meade noted his office had not had sufficient resources in the past but that this was no longer the case.

The number of staff in his office this year doubled to 14, he said, adding this would help him pursue complaints more vigorously.

The report can be downloaded from the Commission's website: www.dataprivacy.ie