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

I do not see any legal difference between the current wording of "any right or obligation" and "specific rights or obligations". Where any right or obligation is conferred or imposed by law, it is a specific right or obligation. Apart from that, there is a grammatical problem because of the plural nouns "rights or obligations" being used with a singular verb. This means that the wording would read "exercising or performing specific rights or obligations which is conferred or imposed". For these reasons, I cannot accept the amendment.

Amendment No. 66 brings us back to the Seanad where I introduced amendments to ensure the processing of political opinions for electoral purposes would apply only in the course of elections within the State. That was an issue. Of course, the content is based on Recital (56) of the GDPR which makes it quite clear that, where in the course of electoral activities the operation of the democratic system in a member state requires political parties to compile personal data for people's political opinions, the processing of such data may be permitted for reasons to do with the public interest, provided that appropriate safeguards are established. I am at a loss to determine the consequences of what Deputy Donnchadh Ó Laoghaire has in mind. I do not recognise circumstances in which such personal data would be shared with a private company. They would more likely be used during the course of an election campaign when parties were canvassing and seeking reactions to election manifestoes or questionnaires and the voting intentions of constituents. I am not sure whether the amendment is needed and even if I were minded to accept it, I am not clear on the actors and entities involved. I will not accept it today, but there might be scope for further debate on it. With its current wording, I cannot accept it.

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