Alex White (Dublin South, Labour) | Oireachtas source

I repeat the point that I must respectfully disagree with Deputy Colreavy's suggestion that the complaints procedure here would be, to use his phrase, replicating the role of the Data Protection Commissioner. That is not true. It is simply not the case. The Data Protection Commissioner's powers under the principal Act remain and they are considerable. Absolutely nothing is being taken away or nothing is being done in this amendment Bill which will in any way reduce the existing powers that the Data Commission has under the primary legislation. Arguably, one could say that this is an additional layer and provides an additional opportunity for an aggrieved person to make a complaint. A robust complaints procedure is being inserted in the legislation which can be availed of by individuals who feel aggrieved for any of the reasons the Deputy mentioned or others, but they will also still have the right to go the Data Protection Commissioner in the event of a breach of the Data Protection Acts.

In regard to the extra-territorial effect of this legislation, it is a difficult issue as to whether legislation not only in this area but in any area could have extra-territorial effect. If the breach is taking place within the jurisdiction, then the rights that an individual citizen has to make or pursue a complaint are there. The Deputy is right in that if a breach takes place abroad and if it is in regard to data here, an activity here, or an address or personal data here, then all the rights that would be associated with any individual citizen are open to be exercised by him or her.

I hesitate to say that I do not think the concerns the Deputy has raised about complaints procedures are valid because I do not want to criticise him in that sense, but I do not think there is an issue here. A complaints procedure is being put in place for the protection of individuals but people still also have the right to go to the Data Protection Commissioner and that right is not being supplanted by this provision in any way.