Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

Like the Minister, I will start with the easy part by agreeing with his decision to accept amendment No. 36.

Amendment No. 37 proposes to delete paragraphs (b), (c) and (d) from section 35(1). However, it would simply move them to section 35(2). Amendment No. 38 which would insert the three paragraphs dealing with limitations and access to personal data, strict time limits and specific targeted training proposes a new section. However, it would be mandatory and no longer discretionary.

The legislation is torturous and will torture people throughout the country. It will set up an industry for individuals who will call themselves data protection officers. They will become the supremos in their organisations. I regret that I am certain that it will become a lawyer's holiday. The Bill is complicated and virtually impenetrable in parts and has us stuck in a committee room for 3 hours and 40 minutes. Members of the public have to be able to navigate legislation. Legislation has to be comprehensible to them, but this is not. I acknowledge Deputy Clare Daly's intention, but my concern is that the amendment would worsen the torture by providing for even more requirements under the legislation. If we always had large data controllers who were controlling the data of individuals and there was a divergence in power between large data controllers and the individual, I would support all of these measures, but we must recognise that small numbers of individuals who come together will also be data controllers and we are imposing huge obligations on them. It is not the case that we are dealing with Facebook and a couple of individuals whose rights we want to protect; we are dealing with small groups of people who come together to process data and they will have to read the legislation and understand it. The Minister mentioned trade unions. I was concerned about the impenetrability of the Bill before we commenced and while I acknowledge that Deputies Clare Daly and Mick Wallace are well intentioned in their amendments, we need to simplify the legislation. It is not the case that there is a big, bad data controller on one side and the individual on the other. Most individuals will be unfortunate enough to find themselves in a scenario where they are also data controllers or data processors. On balance, I would stick with sections 35 and 36, as drafted.