Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No. 50:

In page 28, between lines 35 and 36, to insert the following:“Communication with data subjects by political parties, candidates for and holders of certain elective political offices

38. (1) A specified person may, in the course of that person’s electoral activities in the State, use the personal data of a data subject for the purpose of communicating in writing (including by way of newsletter or circular) with the data subject.

(2) Communicating in accordance with subsection (1) shall, for the purposes of Article 6(1)(e), be considered to be the performance of a task carried out in the public interest.

(3) In this section, “specified person” means—

(a) a political party,

(b) a member of either House of the Oireachtas, the European Parliament or a local authority, or

(c) a candidate for election to the office of President of Ireland or for membership of either House of the Oireachtas, the European Parliament or a local authority.

(4) In this section and in sections 45, 55 and 56, “electoral activities” includes the dissemination of information, including information as to a person’s activities and policies, that might reasonably be of interest to electors.”.

During the debate on Second Stage I stated that I was minded to introduce new provisions to put in place a robust legal basis for the making of representations by Members of the Houses of the Oireachtas and members of local authorities. Assisting constituents by making representations and requests on their behalf is a valuable as well as a time-honoured aspect of our democratic system. Amendment No. 50 introduces a new section that will facilitate specified persons in using personal data in the course of their electoral activities in the State for the purpose of communicating with data subjects. Under subsection (2), such communication is considered to be the performance of a task being carried out in the public interest.

Amendment No. 51 introduces a new section that will provide a robust legal basis for the making of representations on behalf of individuals. Where special categories of personal data are involved, subsection (3) will require that measures to limit access to the data be taken in order to prevent unauthorised consultation, alteration, disclosure or even erasure of data. Subsection (4) establishes a legal basis for responding to representations and requests received by public authorities and public bodies from elected representatives on behalf of data subjects.

The amendments cover the subject matter of amendment No. 65 tabled by Deputy Jim O'Callaghan. An issue that remains under consideration in my Department and the Department of Housing, Planning and Local Government is the extent to which the Electoral Acts may need to be looked at and tweaked. If necessary, I will table an appropriate amendment on Report Stage in that regard. I am in consultation with the Department of Housing, Planning and Local Government.