No Right To Be Heard? Oral Hearings And The DPC

The recent High Court case of Martin v the Data Protection Commissioner ("DPC") has clarified the DPC's powers and obligations when investigating complaints. The case concerned a complaint by an individual regarding the alleged verbal disclosure of information in breach of his data protection rights. Given the lack of documentary evidence of the disclosure, the complainant requested an oral hearing before the DPC. The DPC declined to grant such a hearing and the complainant brought proceedings challenging this decision.

In the case, the court found that data subjects are not entitled to an oral hearing before the DPC, even where there is a conflict of evidence. We take a look at the key aspects to this decision and the potential legal impact it might have.