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

Before the Minister responds, I would like to give a general overview on section 37. It is appropriate that there is a statutory scheme which deals with the processing of data which is being carried out in the public interest or in the exercise of official authority. I will not support the amendment which seeks to delete paragraph (b) of subsection (1) of that section. One of the consequences of the proliferation of the Internet is the undermining of expertise and, to a certain extent, official authority. The State should try to achieve the objective of trying to do good by the citizen even if it does not always do so. It should try to ensure that issues such as the health of citizens and crimes against citizens are dealt with properly and adequately. We should be open to allowing a statutory provision which recognises that work can be carried out in the public interest. The performance of a function conferred by a person under a statute is a performance of a function which is passed through both Houses of the Oireachtas comprising the elected Members of the people and it should be protected and recognised that is intended to be for the public good.

In respect of any non-statutory schemes, it is frequently the case that the Government will introduce a non-statutory scheme which will have the support of the elected Members. That is deserving of protection.

I am interested in hearing the comments of the Minister in respect of amendment No. 46. If one is going to process personal data for the purpose of the public interest or the exercise of official authority, one should probably do so by way of a regulation. I am interested in hearing whether the Minister is prepared to go for the mandatory requirement, as opposed to the discretionary requirement which is in place at present. I will support amendment No. 47 since it is identical to one we supported previously. Amendments Nos. 48 and 49 introduce further provisions which are not necessary for the purposes of what the section is about, namely, allowing the processing of data when it is in the public interest and being done for official authority. It is not the case that official authority is always bad. It is there primarily to protect citizens.