Dublin Bus Lose High Court Appeal Over CCTV Footage

A Data Protection Commissioner decision in favour of a woman asking Dublin Bus for CCTV footage of her alleged accident on one of their buses has been upheld by the High Court.

The woman allegedly fell on a Dublin Bus in October 2008 and began personal injury proceedings in October 2009.

Mr Justice John Hedigan dismissed Dublin Bus’s appeal saying the existence of legal proceedings between somebody seeking information and the data controller does not preclude the requester from making an access request under data protection legislation, nor did it justify the controller refusing the request.

After the personal injury litigation had begun, Dublin Bus informed her lawyers of the CCTV footage’s existence and invited her lawyers to view the footage.

Following a viewing at Dublin Bus’s offices, her lawyers sought copies of any information including video records Dublin Bus held in respect of her.

Dublin Bus refused the request on grounds that such information was prepared in anticipation of potential litigation and was privileged.

That refusal was appealed to the commissioner. In its decision in January 2011 the commissioner ruled Dublin Bus was required to provide the woman with a copy of the requested footage.

Dublin Bus asked the High Court to determine whether the existence of legal action between a person seeking data and the party they are seeking the information from precludes that person from making a request for information under data protection legislation.

The commissioner opposed the appeal and argued its own and Judge Linnane’s original decision should stand. In his judgment yesterday the judge dismissed Dublin Bus’s appeal as he found it had “not raised a point of law giving rise to grounds for overturning Judge Linnane’s decision”.

(H)