Dáil Éireann Debate, Tuesday - 6 November 2018
406. Deputy Peter Burke asked the Minister for Justice and Equality if it is possible to request a list of convictions in relation to a person (details supplied); the way in which such data is stored and accessed by employers and the general public; if there is a time limit placed on such information; and if he will make a statement on the matter. [45098/18]
Amharc ar fhreagraSubject to the Data Protection Acts, every individual has a right to access their personal data, including convictions, which is held by An Garda Síochána. Information on how to submit a data protection disclosure to An Garda Síochána is available on the Garda website www.garda.ie.
I have been informed by the Garda authorities that the records in respect of prosecutions or court outcomes such as convictions are retained by An Garda Síochána by electronic means.
Personal data is only disclosed by An Garda Síochána to relevant authorised persons in the execution of its legitimate policing function and the only other time that the personal data of any individual data subject is disclosed to a third party is with the written authorisation of that data subject to issue such disclosure.
You may wish to note that in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012-2016, the National Vetting Bureau provides vetting for persons seeking employment in Ireland with registered organisations where the employment involves substantial unsupervised access to children or vulnerable adults. The primary purpose of such employment vetting is to seek to ensure the safety of children and vulnerable adults.
I am further informed that the position in respect of personal data, is that all files containing such data are made or received within the course of the business of An Garda Síochána. An Garda Síochána is a Scheduled Body within the meaning of Section 1 of the National Archives Act 1986 and is, therefore, legally obliged to retain and preserve records, including in respect of prosecutions and court outcomes, in accordance with the National Archives Act 1986.
The Deputy may also wish to note that in the context of employment vetting, the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 sets out in detail the arrangements in law whereby certain past convictions may not be disclosed and may be regarded as spent. This Act made a series of amendments to the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 in respect of the arrangements for the disclosure or otherwise of past convictions in the context of the vetting process.
