Security measures eroding civil liberties, says data commissioner

THE DATA Protection Commissioner has warned of an increasing erosion of civil liberties through the introduction of security measures that infringe on the right to privacy of citizens.

Speaking at the launch yesterday of his annual report, Billy Hawkes cited the example of the three-year retention rule for telecommunications data. He asked: "Have we not succumbed to terror and submitted to extremism when we lose the liberty to live our lives without constant intrusion by the State in the name of security?"

Among the main threats to privacy cited by Mr Hawkes were: a lack of proper procedures in the public and private sectors to limit access by employees to personal data; the increasing "interaction" of the security agenda with people's everyday lives; and the extended use by Government bodies of Personal Public Service Numbers (PPSNs).

Mr Hawkes's office dealt with 1,037 complaints last year, representing a three-fold increase in two years, according to the report.

There was a large rise in complaints from mobile phone users about unsolicited text messages. This resulted in seven dawn raids by data protection officials on the premises of companies involved and more than 350 prosecutions. None has been completed yet.

Eircom made a €35,000 donation to charity after a large number of customers complained they were still receiving marketing calls in spite of their number being listed on the company's opt-out register.

NewTel Communications had its cold-calling operations suspended for 20 days after repeated complaints by customers about unsolicited marketing calls. The company blamed two offshore subcontractors .

For the first time, data protection officials have secured a conviction against a company for failing to comply with an enforcement notice, Mr Hawkes revealed.

Mr Hawkes described as very serious a complaint made by a woman who had been harassed by a Revenue Commissioners official who sent her a large number of anonymous text messages. The woman claimed the official had obtained personal information by accessing Revenue files. An investigation established that the official had accessed the files.

A Revenue spokeswoman said disciplinary proceedings were ongoing.

In another case, the commissioner found West Wood Club in Sandymount breached data protection laws through use of CCTV footage to attempt to disprove a customer's complaint. Mr Hawkes described the use of CCTV in the private areas of a sauna and steam room as questionable and said it was disturbing that the club had cancelled the person's membership after she complained about the cleanliness of facilities.

The Gresham Hotel in Dublin was investigated for the covert use of CCTV cameras to monitor cash handling at the bar. Complaints were also upheld against Ryanair, for failing to supply a reasonable means for opting out from e-mail direct marketing, and Aer Lingus, which disclosed employee information inappropriately.

Operating costs for Mr Hawkes's office were up more than 40 per cent to €1.83 million.

Easy access: blogger leaks data report

Data Protection Commissioner Billy Hawkes said he was "not particularly embarrassed" after his annual report was leaked a day early by a blogger who accessed it on the official website. Mr Hawkes described the leak as a "minor issue" because the report did not contain any confidential information. However, blogger Damien Mulley, who said he found the report by accident on the commissioner's site, said it was "kind of pathetic" that it was accessible. He criticised the report as a "crock", with "investigations that go nowhere" and mere "slaps on the wrist" for repeat offenders.