Last week, I wrote to the Data Commissioner’s office to inquire why some of those found to have breached regulations were named in his annual report while others, like bankers and solicitors, enjoyed the protection of state secrecy.
Dear Mr. Sheridan,
I refer to your email of 1 May 2012.
The relevant piece of legislation is Section 14 of the Data Protection Acts whereby the Commissioner “for the purposes of the law of defamation a report under subsection (1) shall be absolutely privileged ( this refers to the Annual Report).
This is the legal basis on which the Commissioner publishes his report and it is within this context that decisions are made as to whether to name individual entities.