Mr. Seamus Carroll:

The regulation itself makes clear that data protection is not an absolute right and that it must be balanced with other rights. Another fundamental right is the right to freedom of expression and information. Here there is the potential for a conflict arising between the right to data protection on the one hand and the right to freedom of expression on the other. It is likely in the future that this will be a source of litigation. The balancing of these rights is typically the kind of conflict that is resolved in the courts. It is for this reason that we have provided in subhead 3 that the Data Protection Commission may, upon its own initiative, refer any question of law arising in a case to the High Court for determination. The Data Protection Commission is not required to do this; this is a discretionary power it will have. We are therefore creating a case stated option here for the Data Protection Commission so that the matter of reconciling such fundamental rights, which is typically a matter for the courts, can also in this case be undertaken by the courts.