Data access request was not general in nature

Data protection – appeal from the Circuit Court dismissing appeal against decision made by the Data Protection Commissioner – appeal to the High Court on a point of law – relevant statutory provisions – appellant made a data request to her former employer - employer supplied her with documentation – appellant brought complaint to the Commissioner that the employer had failed to provide her personal data - complaints about entries made into her email box by her employer and the clearance of its contents – failure to inform her that she had a right to make a complaint to the Commissioner - failure to comply with the obligation to notify her of any refusal in writing which ought to have included a statement of the reasons for the refusal and an indication that she could take her complaint further - failed to supply “the description of personal data” and “to express the purpose of its holding and categories of recipients to whom the data are or maybe disclosed” – Commissioner advised that she should write to her employer setting out in writing in the form of an itemised list what she considered to have been omitted from her personal data disclosure - indicated that she did not intend to communicate further with her former employer – dissatisfied by the response of the Commissioner - submitted that the Commissioner had an obligation to investigate her complaint or cause it to be investigated unless it was considered to be frivolous or vexatious - Commissioner informed the appellant that her complaint would be investigated using full legal powers if necessary to resolve the matter – Commissioner did not intend to investigate her complaint that her mailbox had been entered and cleared of its contents - conduct of investigation – employer stated their response constituted a complete and comprehensive response to her data subject access request – appellant stated that response was entirely unsatisfactory and requested an on-site inspection by an authorised officer of the Commissioner – scope of the request - employer as directed by the commissioner provided additional personal data to the extent that it existed and was available from the company’s system and records - request for a decision by the Commissioner on her complaint under s. 10 would now be processed - Commissioner’s Decision – Compliance with the 40 day Period – alleged breach - Commissioner determined that the employer had not breached the relevant provision of data protection law - appealed to the Circuit Court – appeal dismissed - appealed to the High Court is on a point of law – principles applicable to appeals on a point of law – argued that the replying affidavit of the Commissioner was invalid in circumstances where it was delivered in breach of the direction of the court out of time – questioned whether the Circuit Court had jurisdiction to hear from the employer as a result of the breach of the direction – no prejudice - determined that the Circuit Court had jurisdiction to enlarge the time and to allow the employer defend these proceedings – whether the Circuit Court erred in law in upholding the decision of the Commissioner – widely drawn question - no suggestion that the Circuit Court deviated in any way from the principles applicable – amounted to complete re-hearing and not an appeal on a point of law - supplied within the 40-day statutory period – whether the Circuit Court erred in law in accepting that the data access request was not general in nature and was limited to three categories of personal data – Circuit Court correct when it determined that the request was not general in nature but limited to the three categories specified.