This article by Brendan O’Connell from Ronan Daly Jermyn is a good one to read if you take an interest in data protection issues. This piece covers an Irish matter where there was both a discovery request and also a guidance note from The Office of the Data Protection Commission about the same issue: the right to gain access to CCTV footage.

The article highlights the views of Mr Justice Barr in Dudgeon vs. Supermacs Ireland Limited [2020] IEHC600, as well as the views of The Data Protection Commissioner’s guidance note. It documents the interesting conclusion each reaches: the request for discovery of the CCTV was rejected by Mr Justice Barr whereas the guidance note sets out that the one’s rights are enshrined in the charter of fundamental rights of the EU and also in the GDPR regulations, and therefore the data subject would be able to gain access to the CCTV through a Data Subject Access Request.

Now although there are limitations to how Data Subject Access Requests can be used, this does raise an interesting perspective, as set out by the author who says: “a Data Access Request may now be a more straight forward route for Plaintiffs when seeking CCTV…and their motive or rationale for seeking the data is not a consideration under the GDPR like it would be for a Judge in the context of a discovery request as was the case in Dudgeon –v- Supermacs Ireland Limited.”

One also wonders how this could potentially be extended beyond purely CCTV data!

If you would like to more about responding to a discovery request or Data Subject Access Request, do drop me a line.