Understanding CCTV and discovery: What you can and can’t do with civil proceedings materials

A recent ruling by Judge Alex Owens on January 16, 2025 has highlighted critical obligations regarding the handling of discovery materials obtained during civil proceedings, specifically CCTV footage. The ruling was made on foot of the successful application brought by Nikita Hand against Conor McGregor, to prevent him disseminating and releasing CCTV footage (and indeed continuing to hold that footage) used in the civil assault case which concluded in November in Ms. Hand’s favour.

The Basics of Discovery

Discovery is a pre-trial phase where parties exchange relevant information and documents. This process is designed to ensure that all parties have access to the materials that will inform the proceedings. However, it is essential to understand that discovery materials - whether they be documents, videos, or other evidence - are typically confidential and intended solely for the case in which they were obtained. The CCTV footage in question was shown to the Court, members of the Jury and those in the public gallery during the trial. Indeed, it is quite possible that journalists with a legitimate interest in reporting on it, would have enquired with the Court Office to see it again.

Confidentiality and Restrictions

Under Irish law, using discovery materials from one case in another is generally not permitted without explicit court permission. The materials disclosed during discovery are confined to the litigation for which they were provided. Any attempt to disseminate these materials outside the scope of the original case could lead to serious legal consequences, including civil contempt of court.

In the recent ruling, Judge Owens made it clear that Mr. McGregor was not entitled to share CCTV footage obtained in discovery for purposes unrelated to the trial. Such actions might not only undermine the integrity of the legal process but also breach the privacy rights of individuals involved in the case.

GDPR and Privacy Rights

The General Data Protection Regulation (GDPR) adds another layer of complexity to the use of discovery materials. Under GDPR, individuals have the right to privacy and protection of their personal data. The release of discovery materials, including CCTV footage, could be deemed a violation of these rights, especially if the footage contains identifiable individuals.

In the context of the McGregor case, the Judge emphasised that disseminating the CCTV footage would breach Ms. Hand’s privacy rights and potentially violate data protection laws. This underscores the importance of treating discovery materials with the utmost care, ensuring that they are used only for their intended legal purpose.

What You Can Do with Discovery Materials

Discovery materials can be shared with your legal team, including solicitors and counsel, to prepare for the case. They may also be viewed by parties directly involved in the litigation. However, any distribution beyond this scope - such as sharing with the media or on social platforms - is strictly prohibited.

If you find yourself in possession of discovery materials, it’s crucial to adhere to the court’s directions. Failure to do so could result in contempt of court charges and legal repercussions.

Conclusion

The recent ruling serves as a reminder of the importance of confidentiality in civil proceedings. Discovery materials, including CCTV footage, must be treated with respect and used solely for the purpose of the litigation at hand. Misuse of such materials not only disrespects the legal process but also infringes on the privacy rights of individuals involved. Always consult legal counsel if you're unsure about the use of discovery materials in any legal context.