Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No. 2:

In page 12, line 2, to delete “shall be deemed” and substitute “shall, other than for the purposes of sections 103(3) and 139(2) and (3), be deemed”.

The purpose of this group of amendments, which are technical in nature, is twofold. First, the amendments to subsections 1 and 2 of section 3 provide that where, as permitted by section 3, an appropriate authority under the Civil Service Regulation Act 1957 designates a civil servant as its controller, any action taken by a data subject to seek compensation for a data protection infringement and any administrative fine imposed by the data protection commission, shall be taken against or imposed on the appropriate authority rather than the designated civil servant. This is the purpose of amendments Nos. 2 to 4, inclusive, 134 and 185. These changes arise largely because of the acceptance by the Seanad of my proposal to permit the imposition of fines of up to €1 million on public authorities and bodies. In the case of administrative fines and compensation claims, the recipient will be the public authority concerned rather than the individual acting as its data controller.

Secondly, the purpose of amendment No. 4 is to insert a new subsection 3 into section 3 of the text which is carried over from section 13(c) of the 1988 Act.