Former Minister for Justice Alan Shatter has begun an appeal against a decision of the Data Protection Commissioner that he breached the Data Protection Act.
The Commissioner found Mr Shatter breached the act by disclosing information about Independent TD Mick Wallace on RTÉ's Prime Time programme last year.
Lawyers for the former minister told the Circuit Civil Court that the decision by the Data Protection Commissioner was characterised by a number of serious errors.
In the programme, broadcast on 16 May last year, Mr Shatter suggested during a discussion on An Garda Síochana, that Deputy Wallace had benefited from members of the gardaí using their discretion when he was found using his mobile phone while driving.
Mr Wallace complained to the Data Protection Commissioner.
The Commissioner found earlier this year that Minister Shatter had failed to uphold his statutory duties under the Data Protection Acts when he disclosed the information.
Mr Shatter is claiming that the Data Protection Commissioner had pre-determined the matter before he made his finding.
He said a statement made by the commissioner to RTÉ News shortly after the broadcast, was quite inappropriate as it showed he had predetermined the issue.
Mr Shatter says the information about Mr Wallace was given to him orally by the then Garda Commissioner when no other person was present.
He said he did not make any written note of what he was told and retained the information solely in his head.
His lawyers said he was concerned about how the Data Protection Act could be used to regulate information retained solely in a person's mind.
Lawyers for the Data Protection Commissioner have told the Circuit Civil Court that the only person who can appeal his decision that Mr Shatter breached data protection legislation is the current minister.
The Commissioner said that the decision was made following a complaint made against Mr Shatter as minister and not as a private citizen.
Barrister, Paul Anthony McDermott said Mr Shatter got the information about Deputy Wallace as minister, he went on Prime Time as minister and deployed the information he had received as minister, in order to defend the gardaí.
He said Mr Shatter could not come to court and litigate an issue that arose in his capacity as minister.
Mr McDermott said this appeal failed from the outset because it was being brought by a person who did not have a right of appeal.
He said Mr Shatter had never asked for the Data Protection Commissioner to step aside and had fully engaged with the process even though he was now saying the Commissioner had prejudged the issue.
He said the Commissioner was fully aware of the political backdrop and controversy and every effort had been made to try and bring about an amicable resolution.
He said when this was not possible he had to make a judgment on the complaint.
Earlier, lawyers for Alan Shatter, said there had been a clear absence of fair procedures in the Data Protection Commissioner's actions.
Senior Counsel, Eileen Barrington said the Commissioner had prejudged the issue and there had a been a rush to judgment which was inconsistent with a careful and neutral consideration of the issues.
She said the decision was flawed for a number of significant reasons.
She said it was inadequately reasoned and definitions had been erroneously applied.
She said it must be the case that a person who was party to a decision such as this and at risk of litigation must have the standing to challenge the decision.
She said the Data Protection Commissioner's decision formed part of the political backdrop to Mr Shatter's resignation.
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