Dr. T.J. McIntyre:

Yes. In fact, Digital Rights Ireland might not be the best example because I would envisage that this is an area where there might be consumer rights groups bringing actions. I believe this is common in Germany. Data protection rights are an aspect of consumer rights, and if a consumer rights body is active in the area of the protection of consumer privacy, there is no reason it could not bring an action. I would envisage that trade unions might fall into that category as well if they are protecting the privacy of employees at work. The National Union of Journalists might fall into that category if it was protecting the privacy of journalists from surveillance by the State. It seems to me that it would not be limited to traditional civil rights groups but has a wider application.

The Deputy's point regarding the possibility of burdensome litigation is a fair one. However, it is one that has already been addressed to a large extent. The existing provisions deal with that. The fact the Data Protection Commissioner has the discretion not to entertain claims that in current language are termed "frivolous and vexatious" represents an important safeguard that is already in place. One can add to that the requirement there be a filter here. The provision that only qualifying non-profit entities get to bring these actions is an important one. I do not think many bodies would be set up with these objectives and have this track record. It is ultimately open to the court to decide if the particular body qualifies.