Written answers

Tuesday, 17 June 2008

Department of Justice, Equality and Law Reform

Data Protection

11:00 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Question 866: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that members of An Garda Síochána no longer supply victim support organisations with the names of victims of crime who may require assistance due to provisions contained in the data protection legislation and that as a consequence victim support is currently being provided to substantially fewer people than in the past; and the action he proposes to take to resolve the difficulty that has arisen. [23570/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Disclosure of personal data held by the Garda Síochána to non-Garda personnel is governed by the Data Protection Acts 1988 and 2003 which set out the obligations of data controllers on the one hand and the rights of data subjects on the other in regard to the processing and disclosure of personal data.

In regard to the disclosure of personal data to third parties, the general rule is that there is a prohibition on the disclosure of personal data to third parties unless the disclosure is compatible with the purpose or purposes for which the data was obtained. This prohibition is lifted in certain restricted cases by section 8 of the Act, one of the provisions of which permits the disclosure of personal data where such disclosure is made at the request of, or with the consent of, the data subject. I am aware that as an organisation the Garda Síochána takes its responsibility for the control of the data it processes about individuals very seriously. This is to ensure no unauthorised disclosures are made. I should add that there are a number of different support organisations working in the field of victim support and it is clearly not a matter for the Garda Síochána to recommend one organisation over another to a victim. However, where a victim so requests the Gardaí can put them in touch with a support organisation. It is a matter for the individual to choose which support service, if any, to avail of.

It is Garda Síochána policy to provide the best service possible to victims of crime and to encourage referrals to support organisations. The Garda Síochána have, therefore, adopted the procedure of issuing a letter to all victims of crime, informing them of the organisations available to provide support to victims of crime. This letter gives details of the National Crime Victims Helpline, also funded by the Commission for the Support of Victims of Crime (CSVC), which acts as a first port of call for victims and which is there to listen, inform and where necessary, to refer a victim to support services in their local area. They also provide information on all aspects of the criminal justice system. The Helpline is there to provide such information and other support at lowcall number 1850 211 407. For example during 2007 the Helpline received 1,963 requests from members of the public for information and/or assistance. In 2007 the Helpline was able to deal with approximately 80% of their contacts without the need for further referral to local support services. I understand that the CSVC are commissioning further research into the support needs of victims of crime and the factors involved in the demand for such support services. I welcome this initiative by the CSVC.

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