Daniel Lannon seeks damages over alleged data breach

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Daniel Lannon is seeking damages, including aggravated damages, in the High Court against the Minister for Social Protection over alleged breaches of his privacy and data protection rights. The proceedings were reported on 19 November 2019.

Mr Lannon claims a department staff member accessed his personal data, including his Drogheda address, on 22 August 2014 and provided it to a private investigator hired by solicitors acting for AIB. He claims the information was used so the bank could serve legal proceedings on him at that address.

Under cross-examination by Conor Power SC, for the department, Mr Lannon accepted that his mortgage obliged him to tell AIB when he moved to Drogheda, but he had failed to do so. He said he had always tried to engage with the bank.

After AIB wrote to the Drogheda address, Mr Lannon complained to the Data Protection Commissioner. The complaint resulted in the prosecution of private investigator Michael Ryan and his company, Glen Collection Investments Limited. In October 2016, both pleaded guilty to certain data breaches and were fined €7,500 by the District Court.

The department accepts that former staff member Caitríona Bracken accessed Mr Lannon’s private data and provided it to Mr Ryan, her brother-in-law. It denies liability for her negligent actions. Mr Power told the court that Ms Bracken was dismissed in 2017 following Mr Lannon’s complaints.

The department argues that Mr Lannon’s proceedings are an abuse of process because he previously brought and discontinued a similar action. Ms Bracken, whom the department had added as a third party, had argued in her defence that releasing data was commonplace and an accepted work practice. Mr Power said the department was no longer seeking relief against her and she and her lawyers could be let out of the case.

Mr Lannon seeks declarations concerning his constitutional rights and the department’s duty of care. He told Mr Justice Tony O’Connor on 19 November 2019 that he had never received an apology from the department. The hearing was continuing.