On 23 June 1998 a request under section 4 of the Data Protection Act, 1988, for a copy of any data held concerning him was received from the individual in question by way of a third party request from his prospective employer. The individual had consented to the request. A reply outlining the convictions recorded against the individual was issued on 1 July 1998.
The processing of the request in question arose from a practice which had developed whereby employers of prospective employees were, with the written consent of these employees, requesting the Garda for copies of personal data, namely details from the criminal records data base relating to any convictions recorded against the individuals concerned under section 4 of the Data Protection Act, 1988. I was informed by the Garda authorities that they were advised by the Data Protection Commissioner that the said section 4 did not provide for the disclosure of personal data to third parties, irrespective of whether the individuals in question had consented to allow the Garda to respond to the prospective employer and the Garda authorities, on the advice of the Data Protection Commissioner, ceased to do so. The Attorney General subsequently advised that section 4 of the Data Protection Act, 1988, was not designed for, and is not appropriate for, use as a vehicle for police clearance.
The current position is that clearances are provided only in certain circumstances, for example, for persons seeking certain public service employment and for full-time prospective employees in the healthcare area who have substantial access to children or vulnerable individuals. The disclosure of any information in such cases is done strictly in accordance with legal advices received from Office of the Attorney General.