THE publication in this newspaper today of files containing personal details from private detective agencies working for the Axa insurance company is disquieting.
It's one thing for private detectives to carry out quite legitimate surveillance on claimants in the prevention of fraud. It's another thing entirely when it emerges that private detectives have access to individuals' RSI numbers, social-welfare payment histories and criminal records, without their knowledge.
This information can only have come from servants of the state. This makes the release of such information not just despicable, but also illegal.
The Data Protection Commissioner is currently making inquiries with Quinn Direct in relation to last week's claims in this newspaper relating to the provision of privileged garda information on road-traffic crashes.
No decison has yet been made as to whether an investigation will be launched.
The rigorous investigation of road accidents by insurance companies is good for all consumers.
It has raised the stakes for potential fraudsters and helped to reduce the cost of insurance premiums in Ireland. The Irish Insurance Federaton says that its anti-fraud initiatives have resulted in a 45% fall in premiums between 2003 and 2006.
However that is a world away from the scenario where private personal information is exchanged in commercial transactions, without an individual's consent, to the benefit of one party in a roadtraffic accident claim.
Social-welfare records are protected under the data protection acts 1988 and 2003. According to the Data Protection Commissioner Billy Hawkes, the key principle underpinning data protection is that everybody should be able to control how information about them is used . . . or, at the very least, be aware of how this information is used by others.
If gardai are found to have provided information, the penalties are severe. Section 62 of the Garda Siochana Act 2005 prohibits a person who is or was a member of the gardai, or one of its civilian staff, from disclosing information obtained in the course of his or her duties. Fines of up to 75,000 and/or seven years in prison can be imposed where a person receives a gift, consideration or advantage as an inducement to disclose any information.
The minister for justice is taking seriously the allegations that gardai are being employed in a private capacity by motor-insurance companies.
In response to independent deputy Joe Higgins in the Dail last Thursday, junior minister Sean Haughey spoke on his behalf. It is worth repeating here what he said.
"The idea that serving members are being employed in a private capacity in motor-insurance companies to assist in settling their claims is something that must be treated with utmost seriousness. The idea that members of the force could use the official resources at their disposal in the service of a private company for their own personal gain is anathema to the notion of public service. The whole thrust of the Tanaiste's policy in relation to the Garda Siochana since he assumed office, as exemplified by the historic enactment of the Garda Siochana Act, has been to ensure that public confidence in the concept of an effective and impartial policing system is maintained."
Deputy Haughey went on to offer the assurance that the Garda Commissioner takes his responsibilities in this area very seriously and every allegation of misuse and abuse of information will be investigated vigorously. And he said the gardai would welcome the receipt of any information that would assist the investigation.
This weekend social, community and family affairs minister Seamus Brennan promised to have a departmental review on leaks speeded up.
Any breaches of confidentiality would be treated most seriously and anybody found to be involved would face the full rigours of the law, he said.
These assurances are to be welcomed. We are doing our job in exposing this information. It is now up to the ministers, the Garda Commissioner and the Data Protection Commissioner to do theirs.
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