Local credit union embroiled as private investigators convicted

Tullamore Credit Union has become embroiled in a controversial case whereby private investigators accessed social welfare information and disclosed it to credit unions.

Directors of MCK Rentals Ltd of Trafalgar Road in Greystones Margaret Stuart (56) of Newtownmountkennedy, Co Wicklow and Wendy Martin (45) of Ballybrack, Co Dublin both pleaded guilty at Bray District Court to one sample charge in relation to unlawfully passing information to Tullamore Credit Union.

A case is continuing in relation to 22 other counts of alleged breaches of data protection legislation, while MCK Rentals Ltd also pleaded guilty to five sample charges of obtaining access to personal data held by the Department of Social Protection and the Health Service Executive during the same period, without the authority of the organisation’s data controllers, and giving the data to someone else.

MCK Rentals Ltd was convicted in respect of each of the five charges and a fine of €1,500 per offence was imposed. Ms Stuart and Ms Martin were both convicted in respect of the sample charge they pleaded guilty to, and a fine of €1,500 imposed for that offence on each woman.

Speaking in court yesterday (Monday) Assistant Commissioner at the Office of the Data Protection Commissioner Tony Delaney said his office had been carrying out an investigation into credit unions suspected of getting individual’s personal data.

He said the credit unions involved had hired private investigators to trace people in arrears, and these investigators had used unlawful means to find out and pass on addresses to the credit union.

A statement from the Data Protection Commissioner yesterday highlighted that the prosecutions are the first completed by her against private investigators for breaches of data protection legislation, and the first occasion on which company directors have been prosecuted by the Data Protection Commissioner for their part in the commission of data protection offences by their company.

The statement added that the investigation of the cases uncovered wholesale and widespread ‘blagging’ techniques used by the offenders, and that this is the first completed prosecution by the Data Protection Commissioner of offenders engaged in such practices.

The Data Protection Commissioner said she believes the outcome of the proceedings will have far-reaching implications, sending a strong message to private investigators and tracing agents to comply fully with data protection legislation in the conduct of their business or else be pursued and prosecuted for offending behaviour.

She said it also serves to remind those who hire private investigators or tracing agents that they have an obligation to ensure that all work carried out on their behalf is done lawfully.

Tullamore Credit Union had at time of writing not returned calls from the Offaly Independent in relation to the matter.