Written answers
Tuesday, 13 October 2015
Department of Justice and Equality
Data Protection
Billy Timmins (Wicklow, Renua Ireland)
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150. To ask the Minister for Justice and Equality if a subject access request under the data protection legislation should include a request to a defendant in a personal injuries case to hand over to the plaintiff any CCTV footage he or she may have with respect to the incident in dispute; and if she will make a statement on the matter. [35575/15]
Dara Murphy (Cork North Central, Fine Gael)
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The Deputy will appreciate that I am not in a position as Minister of State at the Department of Justice and Equality to interpret the law, or to provide advice on a particular case in response to a Parliamentary Question. The general position is that the Data Protection Acts 1988 and 2003 apply to the processing of personal data, including the recording of such data by CCTV systems. However, as regards personal injury cases coming before the courts, the position in relation to such proceedings is that more detailed rules relating to the discovery process and procedure and practice are set out in relevant court rules. The resolution of any disputes between parties in relation to the extent of discovery in any particular case is a matter for the court concerned.
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