Kathleen Lynch (Cork North Central, Labour) | Oireachtas source

I move amendment No. 23:

In page 9, subsection (1), lines 31 and 32, to delete "Data Protection Commissioner" and substitute "head of the national unit".

Amendments Nos. 23, 24, 25, 25a and 27 seek to streamline the manner in which individuals seek access to personal data processed by Europol. Under the existing provision, a request for access to personal data would be submitted to the Data Protection Commissioner who would forward a request to the national unit. The latter would then liaise with Europol in respect of the request.

There are a number of reasons for amending the section in order that requests for access to personal data will be submitted directly to the national unit. First, designating the Data Protection Commissioner under subsection (1) simply creates an extra layer in the application process. Having consulted the latter's office, I am in a position to state that it is inappropriate for the commissioner to be designated for this purpose because the commissioner has a separate legal obligation under the Data Protection Act. It would not be appropriate, therefore, for the Data Protection Commissioner to be involved in handling a request for data in the first instance. Whereas the data protection officer to be appointed under the Bill will oversee compliance by the national unit, there would be no redress available if the Office of the Data Protection Commissioner were not to forward a request to that unit. For these reasons, we are proposing the amendments to section 13. Essentially, the Office of the Data Protection Commissioner is of the view that there is no need for people to make requests to it in the first instance and that people should submit their requests to the national unit. If the latter does not comply, the Data Protection Commissioner will have a role to play.