Katherine Zappone (Dublin South West, Independent) | Oireachtas source

I fully agree with the necessity to treat data protection issues with the utmost care and attention. Any existing regulations in this regard, both Irish and European, will be complied with as a matter of course.

This is the crucial part. As both Irish and EU data protection regulations, including the EU general data protection regulation, which will come into force in May 2018, will have the force of law, there is no need to require adherence to them in this Bill. Indeed, there is a risk that if we were to do so, we might unintentionally imply that these regulations have less force in other statutory contexts than they do in the context of the affordable child care scheme.

Let me assure the Deputies that my Department continues to work closely with the Data Protection Commissioner to ensure that the scheme will meet all general data protection rules, GDPR requirements and a data protection strategy has been developed and as part of that a privacy impact assessment has been undertaken. The peer review group, reviewing the business case for the scheme's IT system has commended my Department in this regard.

We are really focused on the issues. Section 23(5) specifically requires me to consult with the Data Protection Commissioner before making regulations on the processing of personal data in relation to the scheme. I am suggesting that the amendment is already provided for in law and that is why I am not accepting it.