From 21 October 2009 data subjects are unlikely to be successful in making data access requests in relation to personal data held by the Director of Corporate Enforcement, his officers or by any inspector appointed by the High Court or by the Director of Corporate Enforcement.

Section 5(1)(d) of the Data Protection Act 1988 allows the Minister for Justice, Equality and Law Reform to specify that data access rights will not apply where the release of the data would be likely to prejudice the proper performance of specified functions of office holders designed to protect members of the public against financial loss occasioned by:

1. dishonesty, incompetence or malpractice on the part of those concerned in banking, insurance investment or other financial services, or in the management of companies or similar organisations; or
   
   
2. the conduct of persons who have been at any time adjudicated bankrupt.

The Minister, by introducing the Data Protection Act 1988 (Section 5(1)(d)) (Specification) Regulations 2009, has formed the view that the proper performance of functions under the Irish Companies Acts by the Director of Corporate Enforcement, his officers or by any inspector appointed by the High Court or by the Director of Corporate Enforcement is likely to be prejudiced if they are obliged to provide copies of personal data that they hold.

In doing so he adds to the existing list of office holders to which the right to request access to personal data access do not apply. That list includes examiners, liquidators and receivers exercising their functions under the Companies Acts.

The number of data access requests and freedom of information requests received by those dealing with disputes concerning financial matters has increased substantially over the last twelve months. The new regulations can be viewed against this background.

For further information please contact Deirdre Kilroy.

2 November 2009.