Former minister for justice Alan Shatter's reference during a television interview to Independents4Change TD Mick Wallace allegedly being cautioned by gardaí amounted to a breach of data protection law, the High Court has heard.
Paul Anthony McDermott SC, for the Data Protection Commissioner, rejected arguments by Mr Shatter that his reference to Mr Wallace being cautioned by a Garda for allegedly using a mobile phone while driving did not involve “processing” of data within the meaning of the data protection act.
He made the comment during a May 2013 RTÉ Prime Time interview.
Mr Shatter’s lawyers have said he never had, or saw, any written record of the information communicated to him during a conversation with the then Garda commissioner Martin Callinan. They said the information was “in his mind” only and what he said did not amount to “processing” it.
Mr McDermott said Mr Shatter, during the interview, was processing the data by non-automatic means. The definition of processing means using and disclosing personal data and to do that involved an act of processing, he said.
Damaged
Mr Shatter believes the commissioner’s May 2014 decision to uphold a complaint against him over the incident had damaged him but the fact was he had said what he said onlive TV prior to that, “the whole country saw it” and “strong terms” were used in the Dáil to describe it, counsel said.
Fianna Fáil’s Niall Collins had referred to Mr Shatter having set himself up as “judge, jury and executioner of a political opponent”.
As minister for justice during the data commissioner’s investigation of Mr Wallace’s complaint about the matter, Mr Shatter could have asked the Garda force to provide him with any written record of the information, counsel said.
It was a “strange feature” of this case there was a suggestion that document, which Mr Shatter could have got during the commissioner’s investigation, was being “hidden” or kept from him.
He was making submissions opposing Mr Shatter’s appeal over the Circuit Civil Court’s dismissal of his challenge to the commissioner’s decision that his disclosure of the information was done in breach of his statutory duties under the data protection act.
Mr Wallace complained to the commissioner after the Prime Time interview and has taken separate civil proceedings against the Minster for Justice, and against Mr Shatter personally, over the matter which have yet to be heard.
Prejudged
In his High Court proceedings, Mr Shatter claims the commissioner failed to set out the basis for his conclusion that the information was personal data and had prejudged that issue and acted in breach of fair procedures.
In arguments on Tuesday, Mr McDermott said the commissioner was told by Mr Shatter that his reference during the RTÉ interview to the information about Mr Wallace was made in the context of his understanding that the TD intended to raise the matter.
Mr Shatter had said he believed it was wrong of Mr Wallace to “pillory” gardaí in the exercise of their duties and, as minister for justice, he considered he had a duty to maintain confidence in the force.
The commissioner had received and taken into account detailed submissions from Mr Shatter and gave him a full opportunity to make his case before deciding his disclosure was made in breach of the data protection acts, counsel said.
Mr Shatter had expressly said that what he said during the interview was in the course of performance of his duties and functions as minister for justice and that raised difficulties as to how he could litigate this matter as a private citizen, counsel added.
The case continues.