Access to court records under data protection
Court records are under the control of the courts and not the Courts Service.
Article 23(1) of the General Data Protection Regulation (GDPR) allows restrictions to apply when such restrictions are necessary and proportionate in a democratic society. The GDPR may therefore be restricted to safeguard the State or its citizens in the following cases:
- National security, defence, and public security
- Prevention, investigation, detection, or prosecution of criminal offences
- Execution of criminal penalties, including the prevention of threats to public security
- Other important public interests of the EU or a Member State, including financial, budgetary, or taxation matters
- Public health and social security matters
- The protection of judicial independence and judicial proceedings
In the case of personal data processed by or on behalf of a court acting in its judicial capacity, the rights of data subjects and the obligations of the controller under Section 158(1) of the Data Protection Act 2018 are restricted to the extent necessary and proportionate to safeguard judicial independence and court proceedings.
The following rules have been made under Section 158(3) of the Data Protection Act 2018 to ensure the effective application of these restrictions:
Persons wishing to access a court record in proceedings to which they are a party should first contact the relevant court office.
Access by media
The following rules apply to requests by bona fide members of the press or broadcast media:
- S.I. No. 660 of 2018 — Data Protection Act 2018 (Section 159(7): Superior Courts) Rules 2018
- S.I. No. 662 of 2018 — Data Protection Act 2018 (Section 159(7): Circuit Court) Rules 2018
- S.I. No. 664 of 2018 — Data Protection Act 2018 (Section 159(7): District Court) Rules 2018
Processing of personal data by courts
The following rules govern the processing of personal data by or on behalf of a court acting in its judicial capacity:
- S.I. No. 659 of 2018 — Supreme Court, Court of Appeal, and High Court
- S.I. No. 661 of 2018 — Circuit Court
- S.I. No. 663 of 2018 — District Court
- S.I. No. 665 of 2018 — Personal data (other than court records) controlled by a court
Access to court records
Court records are under the control of the judiciary. Access to certain court records may be given to the parties concerned or their legal representatives.
Persons seeking access to court records should contact the court office where the case was heard. The staff can explain the procedures that apply.
Find contact details for all court offices >
Court recordings and transcripts
Special procedures are in place for any party who wishes to apply for access to a recording of court proceedings (known as the “Digital Audio Recording” or DAR).
The relevant rules are prescribed in the following Statutory Instruments:
- S.I. No. 99 of 2013 — District Court Rules (Recording of Proceedings) 2013
- S.I. No. 100 of 2013 — Circuit Court Rules (Recording of Proceedings) 2013
- S.I. No. 101 of 2013 — Superior Court Rules (Recording of Proceedings) 2013
Any request for access to a court recording must be made by formal application to the trial judge, on notice to all parties involved. It is up to the judge to decide whether access is granted and in what format.
If an application is granted, the applicant must pay the cost of the recording. The cost of producing a transcript is approximately €200 per hour of audio recording.
Contact
Please see the Data Protection contact page for further details if you have queries about the information above.
