Data Protection Commissioner- Can I appeal their decision?

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dublin2020

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Work colleague says she complained to Data Protection Commissioner after a mobile service provider refused to release data.

After the ODPC got involved, she received some data- but no copies of bills/ initial registration details etc

When she advised the ODPC they asked her to list what data was outstanding. She replied. Received replies to state that staff on leave. Phoned and emailed a number of times subsequently and reply would issue generally 2 per year- over 4 year period.

Now she received an email to say file closed and no further communication.

She agrees that the ODPC is probably very busy and that the organisation she is complaining about would have paid ongoing fees to the ODPC etc. But the level of service and assistance appears on the face of it to be very poor.

Then she complained via the ODPC customer charter and received standardised email within 24 hours saying case fully investigated and now closed by Data Protection Commissioner- so obviously they are not that busy is they can issue internal investigation that fast!

Question- is there some place she can go now? Ombudsman? EU?

When she requested copy of file - ODPC refused- even though all organisations are required under the data protection legislation to release data for the prescribed fee, etc
 
I think you could go to the High Court and seek a review of the decision.

If the High Court finds in your favour, the DPC will be told to go back and check their decision.

It will cost you around €200,000 or so.

Brendan
 
dublin2020 said:
Work colleague says she complained to Data Protection Commissioner after a mobile service provider refused to release data. After the ODPC got involved, she received some data- but no copies of bills/ initial registration details etc
Click to expand...

I think the first thing to keep in mind is that you are entitled to details of what data they actually hold and not what you might think they should be holding... Furthermore you should realise that part of the objectives of the DPA is to ensure that companies do not hold on unnecessary data, just because it might be useful.

Things like registration forms, old bills etc quickly become unnecessary and are usually destroyed by companies. If you are looking for anything beyond say the last 6 years in that area, I would not be at all surprised if it no longer exists.
 
Records

Thank you for feedback. The company records all calls and uses an outside provider to deal with customer car. I requested details of same and the ODPC requested same. However, with passing of time- appears the ODPC just let the case fall, as the 2nd company was advised to release data and did not!

Strange scenario- perhaps ODPC limited resources to pursue such matters-
 
Yes, but do you know how long the company retains the recording for? Storing that amount of data for any length of time is expensive and given that there is not legal requirement to retain it I would expect it would be gone in a matter months or possibly even weeks!

As Brendan suggested, it is going to be expensive to take this any further, so it is worth trying to establish that the data is there before you even do so.
 
Data Protection

Thanks for guidance- Yes would have expected data controller to issue letter stating that data no longer available- and that the ODPC to request same or pursue. Seems from the case that the data access system is self regulation, as the ODPC has significantly reduced resources and has bigger issues to pursue. What Minister has the ODPC remit? Is there any EU body she can pursue the matter, given that the national body charged with same has reneged on its responsibility- with evidence.
 
Can she report the matter to the (public service) ombudsman?

On the face of it they closed the case before it was fully resolved.
 
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