Oireachtas Joint and Select Committees

Wednesday, 5 July 2017

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Data Protection Bill 2017: Discussion (Resumed)

9:00 am

Mr. Simon McGarr:

More significantly, I said that not only might they be unaware of the right, the State may not have provided for that right if there is no explicit recognition. As it is drafted, there is an explicit recognition of a right of action but it does not necessarily follow that there is also a recognition of a right of compensation. The GDPR provides only that there shall be - future tense - a right of compensation provided for.

It seems to me that the intent of the State clearly is not to fall foul of European law. It does not intend to try to remove people's right of compensation and therefore it would be better that we explicitly include that right, which is addressed in the GDPR, in that head.

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