However, she said if cyclists shared images of alleged offences and then reported those offences to the Garda for investigation, it may damage the chances of gardai being able to take action in the case.
There is nothing in data protection legislation to stop cyclists posting videos and photos of illegal parking and other infringements, the Data Protection Commissioner Helen Dixon has said.
However, she has warned in an interview on RTE Radio 1 that anyone posting images on social media that identify other people should be careful.
She said if cyclists who shared images of alleged traffic infringements later went to the gardai to make a complaint, the fact the incident had already been shared on social media may damage the chances of a prosecution.
Ms Dixon was asked about the Garda telling cyclists to remove videos and photos showing alleged illegal parking on cycle lanes and other traffic offences.
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The Garda cited “data protection” when asked to explained their requests. And they also said “everyone is entitled to their good name”.
While there are some data protection concerns, Helen Dixon has now suggested they are minimal.
Many cyclists have expressed surprise the Garda has involved itself in a data protection conversation or has expressed concern about cyclists on social media damaging the reputations of other people.
The Gardai does not have any power to police data protection and has no responsibility for it.
And if a person feels their reputation has been damaged in a social media post they can sue the person who created the post, but that would be a civil matter and nothing to do with the Garda.
“I’ve been reading about this story for the last week; and reading also, it’s been reported, that the gardai suggested to individuals who had posted such photos that, for data protection reasons, they shouldn’t,” Helen Dixon said when asked about the Garda requests to cyclists to remove social media posts.
“I haven’t spoken to the gardai about it but I think what they may be referencing there is that data protection law is intended to deal with organisations; processing data and typically large data sets.
“And under data protection legislation, in order to allow you and I administer our daily life with our family and friends; there’s something called a household exemption.
“So if a family member takes a photo of me and sends it around the whole family, I can’t start objecting on data protection grounds. It’s assumed there’s a household exemption for all of us to administer our personal affairs.
“But where private individuals step outside that household exemption, they become in technical terms and under data protection law, a data controller. And they assume then all the obligations of data protection controller.
“They would be obliged to give rights of access to any data they hold. They are obliged to deal with complaints and objections from individuals and so on. They’re obliged to have retention periods for the data.
“And I think what the gardai may be getting at here is that, in taking an image like that and not simply using it to present it to the gardai to show potential evidence of wrongdoing…
“In publishing it, broadly, these individuals may be acquiring the obligations of data controllers and may be identifying third party individuals and assuming those obligations.
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“There’s nothing specific in data protection law that’s going to prohibit the publication,” she added of cyclists publishing images of road traffic infringements in which people and vehicles are identified.
“But I think individuals who are publishing in this way would need to consider; do they have a legitimate basis for doing it?
“Are they prepared to deal with complaints from any individuals who are indentified in the photographs they post?
“Are they satisfied, if taking the CCTV image was to present evidence of wrongdoing to the gardai, that they’re not going to harm any action they subsequently take if there’s an allegation of unfair processing of data.
“I think caution does have to be exercised by individuals when posting photos of this nature.”
Garda joins Twitter exchange to explain...
The tellybox earlier #FreeTheCycleLanes #MPDL pic.twitter.com/doQvTrostq
— Simon Smith | Stop Killing ? (@linef4ult) January 28, 2019
Nothing to do with GDPR. Uploaded videos are highlighting dangerous driving and dangerous infrastructure @GardaTraffic
— Luke Dillon (@LD_DILLON) January 30, 2019
— Simon Smith | Stop Killing ? (@linef4ult) January 30, 2019
Everyone has a right to their good name. We have people alleging offences against another identifying him/her and then linking it to a Garda social media account. You decide what to post but pls don't post alleging an offence and link it to a Garda account. Share the road safely
— An Garda Síochána (@GardaTraffic) January 30, 2019
If someone believes their good name is harmed they have a right to initiate civil proceedings against the publisher, then a judge can decide on the facts of the case. Rather than having the Gardai suggest someone is having their good name taken from them.
— Ben(/Katie) Chapman ? (@thejetset) January 30, 2019
We do not want possibly defamatory videos linked to "Garda accounts." We do not want to be linked included in civil proceedings in such cases. Report offences lets courts determine case.
— An Garda Síochána (@GardaTraffic) January 30, 2019
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