Oireachtas Joint and Select Committees

Thursday, 3 May 2018

Select Committee on Justice and Equality

Data Protection Bill 2018: Committee Stage (Resumed)

2:00 pm

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

On amendment No. 59, I am concerned about the proposed deletion of the words "contained in a record" as the concept of a record is integral to the operation of the Freedom of Information Act. Section 2 contains a comprehensive definition of the term. Access rights under the Act include access to records. Section 11 provides that every person has a right to and shall, on request, be offered access to any record held by any freedom of information body. Section 12 also references a record. Therefore, reference to a record appears to be right and proper.

On amendments Nos. 58 and 60 to 62, inclusive, I accept, subject to the advice of the Attorney General, the principle of extending the scope of the section to include the regulations of 2005 and 2007. I have asked my officials to consult the Office of the Parliamentary Counsel with a view to ensuring the text is appropriate and does not in any way conflict with other sections. In short, if Deputies withdraw their amendments, I will give a commitment to table an appropriate amendment on the subject on Report Stage with which I will certainly attempt to meet concerns.

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