Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

In fact the exact opposite is happening. First, the data protection issue will be subject to the jurisdiction of the European Data Protection Supervisor'

In practical terms, that would be - in the context of our own data - the equivalent of our domestic Data Protection Commissioner. That would be a normal way of ensuring data protection, to have the main body which deals with that ensuring data protection.

In the context of the proposal, there is a range of things worth referring to. The proposal basically reinforces the autonomous data protection regime applicable to Europol's activities. It strengthens rather than weakening it. For instance, the individual's right of access to personal data is reinforced. Any individual can turn to Europol for compensation for unlawful data processing or an action incompatible with the provisions of the relevant regulation.

The role of Europol's data protection supervisory authority is in fact enhanced and strengthened, it is not weakened. The European Data Protection Service, EDPS, would be competent for the supervision of processing of personal data by Europol. Contrary to the previous data protection supervisor, the EDPS meets all the criteria on independence laid down in the case law of the European Court of Justice. It is important that data protection does have oversight from an entirely independent individual or body.

In addition, there are full enforcement powers vested in the EDPS, which ensure the effectiveness of data protection supervision. The processing of personal data on victims, witnesses, persons different from suspects, and minors is prohibited unless strictly necessary within the terms of the regulation. This also applies to data revealing racial and ethnic origin, political opinions, religion or beliefs, and trade union membership.

Access by member states to personal data held by Europol for operational analysis is based on a "hit-no hit" system. An automated query of the member states produces an anonymous hit - that is, information on a match with the data stored at Europol. The related personal or case data is only provided in response to a separate follow-up request subject to appropriate safeguards. As I understand it, this measure will not weaken data protection. In fact, it will strengthen it for citizens and will provide a better regime than is currently provided for. I can assure the Deputy that is something we would want in representing Ireland's interests in the context of the negotiations that will take place at EU level on the final form of this measure. If we identify any frailty concerning data protection, we will do what we can to have it addressed.