Kerry businessman claims a guard got his private data from online sales platform |  BreakingNews.ie

Kerry businessman claims a guard got his private data from online sales platform | BreakingNews.ie

A businessman who claims that a guard fraudulently obtained his private information from an online sales platform has asked the High Court for a decision urging the commissioner to identify the individual official who is alleged to have sought the information.

Tomasz Blazejewicz, a sales manager from Clover Hill Close, Killorgan, Co Kerry, wants to sue and formally disclose proceedings against the individual guard in question, claiming that the information was allegedly fraudulently obtained in August last year.

The court heard that the case concerns an online exchange that took place on the “Advert.ie” platform involving Blazejewicz and the seller of an electric drone with the username “Appletartman”.

Questions

Blazejewicz claims that he asked several questions to the seller about the product.

He claims that the seller was upset after Blazejewicz said: “I think you are trying to deceive us all, how much did you pay for this?”

The seller then asked him to take down the comment and asked the applicant for his telephone number so that he could explain himself further. Mr Blazejewicz declined to comment.

He claims that the seller said in response to further exchanges on the platform’s forum that ‘Appletartman’ would receive the number after he “filled in the form”.

Blazejewicz claims that a few days later he received a phone call from a man believed to be the seller.

He claims that the man spoke to him “in a threatening way” and said “You do not know who I am. I have everything. If you want screenshots. I will show you all the screenshots. I have all your IP addresses. I have just delete the comments and it’s OK “?

Shortly afterwards, the applicant said that he had received a WhatsApp message from the same number which he claimed attached photographic images of his private personal data which he had provided to Adverts.ie.

The information included Blazejewicz’s private messages on the platform, IP address, name, mobile number, email address and his Adverts.ie user ID.

The WhatsApp message also contained a text communication that read “I gave you (an) opportunity”.

In September 2021, the applicant’s lawyers contacted Adverts.ie and stated that there had been a data breach regarding his private information.

Garda request

In response, the platform said there had been no data breach but informed its lawyers that GardaĆ­ had asked for Blazejewicz’s data as part of an ongoing criminal investigation into stolen property.

The applicant claims that Garda received personal data about him after a Garda Data Request Form was delivered to Distilled SCH Ltd trading as Adverts.ie on August 25, 2021 at the latest, five days before he received the phone call and WhatsApp message from the seller, and two days after the first the exchange on the forum.

His lawyer, David O’Brien Bl, told the High Court that Blazejewicz did not know the identity of the guard who sent the data request to Adverts.ie.

No criminal investigation took place, and his client believes that the information was obtained in a fraudulent manner.

He believes that the guard who sought the information is either the seller on the Adverts.ie platform known as “Appletartman” or is someone known to the seller.

He claims that, although he requested information from the Guardian Commissioner about the guard who made the data request from Adverts.ie, the defendant failed to provide him with the name of the individual guard or an address for service of legal proceedings.

He claims that it is not reasonable for the Garda Commissioner to withhold the Garda’s name.

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As a result, he has instituted legal proceedings against the Commissioner, requesting an injunction giving the defendant to provide his lawyers with the name of the guard and an address for service of legal documents.

He also requests that he have the right to be informed of Garda’s identity and address.

Permission to bring an action was granted on an ex parte basis by Justice Charles Meenan.

The lawsuit will return to court in October.

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