Data Protection Commission clarifies position on disclosure of convictions
Data protection law does not stand in the way of sharing information about individuals’ criminal convictions in circumstances where it is necessary to protect other people, the Data Protection Commission (DPC) has clarified.
The DPC this week issued a statement following recent reports about a convicted sex offender who was released from prison into a nursing home and subsequently abused other residents.
The nursing home was reportedly not aware of his criminal history or the risk that he posed to residents.
Patricia Rickard-Clarke, chairperson of Safeguarding Ireland, last week called for guidance from the DPC amid claims that justice agencies are insisting “that we need the consent of the person to share data”.
In its statement, the DPC said: “Where it has been determined that it is strictly necessary in order to protect other people, the consent of the person concerned is not required to share information about their criminal convictions.
“In this situation it will be necessary for the organisations to ensure that only the information that they specifically need to address the risk to other people is shared, and that the information is handled in a sensitive and confidential manner by all parties.
“The DPC will continue to engage with stakeholders to provide guidance on the processing of personal data in this sensitive context.”