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ARTICLE · 23 SEPTEMBER 2026

Employee’s Appeal Dismissed: Employer Not The Controller Of Non-Work-Related Data On Work Phone

William Fry LLP
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The Court of Appeal has upheld a decision finding that an employer was not responsible as a data controller for personal data stored on a work device. The case arose from a 2021 HSE cyberattack where an employee's personal accounts and cryptocurrency were compromised on his work phone. The ruling clarifies the scope of data protection complaints and the extent of regulatory investigation obligations.

IrelandPrivacy
Rachel Hayes
Rachel Hayes
Adele Hall
Adele Hall
Gail Nohilly
Gail Nohilly
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The Court of Appeal (Court) in McShane v Data Protection Commission [2026] IECA 141, has upheld the High Court’s rejection of a judicial review challenge against the Data Protection Commission’s (DPC) refusal to investigate a personal data breach complaint in connection with the 2021 cyberattack on the Health Service Executive’s (HSE) ICT systems.

The underlying complaint

The appellant was employed by the HSE as a fire prevention officer. He was provided with a laptop and a mobile phone by the HSE for use solely in connection with his work. The appellant also used the work phone for personal purposes in breach of HSE policies. The appellant used his work phone for personal emails, lifestyle tracking and his cryptocurrency account.

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