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:

Yes. Let us leave aside the active provision that the State shall be liable for fines when acting as an undertaking. The result of that positive statement is to create, although unstated in the head, a requirement that the State shall not be liable under any other circumstances. There is no justification provided for in the heads of the Bill that we can examine and address, but it certainly does not seem to me that it would be in line with best policy practice to allow the State to exempt itself from the provisions of what are very significant citizenry rights protection legislation.

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