Beverley Flynn (Mayo, Independent)
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Question 283: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the reason An Garda Síochána provided information under a request for Garda clearance that related to a caution that a person (details supplied) received when they were 16 years old. [7793/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that the disclosure made by the Garda Cental Vetting Unit (GCVU) in this case was not a vetting disclosure but, rather, a disclosure pursuant to Section 4 of the Data Protection Act 1988, as amended. The two kinds of disclosure are qualitatively different and are intended for quite distinct purposes.

A vetting service is provided by the GCVU to selected registered recruiting organisations in respect of persons who would have substantial, unsupervised access to children and vulnerable adults as a means of safeguarding these vulnerable client groups. In general, such vetting allows for the disclosure of information relating to criminal convictions and criminal prosecutions, successful or unsuccessful, only and not Garda cautions.

In contrast, under data protection legislation, a person may apply for a copy of personal data maintained on the Garda Criminal Records Database for his/her personal use only. Such a disclosure states, inter alia, that the document does not constitute a Garda 'clearance'. In general, such personal data would include information relating to criminal convictions and Garda cautions. This reflects the purpose of data protection legislation, which is not a means of vetting but, rather, is designed to protect individuals with regard to the automatic processing of their personal data.