“Central to the analysis, as the Directive and the (Data Protection Act 1988 Act

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“Central to the analysis, as the Directive and the (Data Protection Act 1988 Act

“Central to the analysis, as the Directive and the (Data Protection Act 1988 Act) make clear, is the concept of notification of the purpose to the data subject. There is no dispute here but that the security purpose, being the only specified purpose, was clearly identified in both the OLHCS CCTV policy and the notices beside the cameras themselves. Section 2D of the Act, cited above, makes clear that personal data shall not be treated as processed fairly unless the data subject is made aware, at or before the time when the data is obtained, of the purpose for which the data are intended to be processed. (…) It seems to me that it could not reasonably be said in the present case that Mr. Doolin had either been notified that the CCTV could be used for disciplinary purposes or that there was any basis upon which he ought reasonably to have expected such use. It seems to me the contrary is much more likely to be the case
Insofar, therefore, as it may be correct to say that the High Court overlooked the compatibility analysis, in my judgment it is clear in the present case that Mr. Doolin’s data were indeed used for a purpose other than, and incompatible with, the specified purpose. It follows therefore that such use was unlawful.” (Noonan J.)
The Data Protection Commissioner v. Cormac Doolin [2022] IECA 117 at paras. 92-94
Critically discuss the above statement in the context Irish Employment Law. Do you agree/disagree or partially agree/partially disagree the view of Noonan J. in this case. Please refer to at least one case (the case you will refer to will be López Ribalda and Others v Spain case please) AND at least one academic article to support your answer.
Please ensure that you furnish a short bibliography for this discussion and that your work is properly referenced and footnoted in accordance with Osceola referencing.
I HAVE PROVIDED ALL THE INFORMATION REGARDING THE DOOLAN CASE AND LOPEZ CASE AND DATA PROTECTION ACT IN THE FILES SECTION. REFER TO THIS WHEN ANSWERING QUESTION. When looking for academic article look on ‘Oxford Academic’ website in relation to data protection in the workplace in Ireland. Also refer to one of these books in relation to the question please: the Daly & Doherty, Principles of Irish Employment Law (2010)
Alastair Purdy, Equality Law in the Workplace (2015) (available on Bloomsbury Professional)
 Bolger, Bruton, Kimber Employment Equality Law, Round Hall, 2nd
ed. 2022 (on westlaw.ie).
Layout:
Introduction: mention bit on data act, facts of Doolan case, 2d of the act, what happened in high court
(The intro should not be long)
Discussion: Noonan J.’s comment, put in Lopez case, book, one academic article. REMEMBER: this all has to be in relation to the statement made. I will be asking the writer to complete it again if it is not up to the standard I wish.
REFER TO THE QUESTION.

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