Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

The difficulties with the section have been well outlined. There are a number of exceptions and qualifications which do not exist in the GDPR. I would be of the view that if we are going to try to have such a detailed piece of legislation it is probably likely to be the case that the legislation need not be as detailed and the GDPR be allowed to have direct effect in many respects. If we are, then the wording should reflect fairly exactly what is in the GDPR. As far as I am concerned, the purposes which are outlined in section 37 are fairly well covered, in particular anything related to the public interest in Articles 6 and 9 of the GDPR. It would be as well to allow them to have direct effect, but where we are trying to mimic them the analogous wording should be used. I am concerned that, as far as I am aware, there is no provision for non-statutory schemes or anything like that in the GDPR. That is a particularly problematic and questionable provision which could be the basis for litigation.

In a general sense, my view is that the section is not necessary. I will support the amendment, but I am not sure it is necessary or even desirable to have this level of exception outlined for so many areas and functions of Government when the direct effect of those sections of the GDPR would cover them.