Fingal County Council can not ‘name and shame’ those who Litter

Advice received by Fingal Council Council outlines problems highlighted by the Data Protection Commissioner

Councillor David McGuinness has acknowledged Fingal County Council’s inability to publish the names of people who are fined or convicted for littering under the Litter Pollution Acts 1997-2009. In a circular received by Fingal County Council, the Data Protection Commissioner has indicated that such action is in breach of the principles of data protection as set down in the Data Protection Act 1988 as amended by the Data Protection (Amendment) Act 2003, and in particular, Section 2A.

Councillor David McGuinness says ‘It is absolutely necessary to adhere to the law. Fingal County Council needs to take note of this advice and ensure no plans are put in place that jeopardises any member of the public’s anonymity with regard to fines or convictions. However, there will be a small portion of the public who will be relieved with this news and it is essential that the message is hammered home that those who litter our streets and park-lands will be made pay fines and can face prosecution. Nobody is immune to these measures and we owe it our community to ensure we all play our part in making Dublin 15 a clean and well-kept place to live.’

See below a copy of the circular as issued by the Department of Heritage, Environment and Local Government:

Circular WP 20.10

Litter Offences – Publication of Names of those fined.

Dear Manager,

I refer to previous actions taken by local authorities in relation to the “naming and shaming” of those fined or convicted under the Litter Pollution Acts 1997-2009 and which was referred to in the National Litter Action Plan published in 2001.

The Data Protection Commissioner has indicated to the Department that such action, in publishing the names and addresses of private individuals fined or convicted as a result of littering, whether by way of publication on local authority websites or by way of notices published in the local press (notices paid for by the authority rather than court reports) is in breach of the principles of data protection as set down in the Data Protection Act 1988 as amended by the Data Protection (Amendment) Act 2003, and in particular, Section 2A.

Therefore, it is recommended that you review your Litter Action Plans with regard to such a policy. It is further recommended that any such material currently on local authorities’ websites should be removed immediately and that no further publication should take place.

Yours sincerely,

________________

Ronan Mulhall

Principal

Waste Policy Section