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

The amendment does not attempt to impinge on what political parties do in this jurisdiction or, at least, for its purposes. Its intention is to prohibit the gathering of data in this jurisdiction for use elsewhere. There is a belief, which I share, that it is not currently prohibited and that it is something we should seek to do.

The other point made by Deputy Jim O'Callaghan and the Minister is fine, but the issue is why are we drafting a provision when all of these practices and behaviours in canvassing and making representations are provided for under the GDPR. This is a regulation, not a directive. Most of it has direct effect. There is a margin of appreciation of certain provisions, but as Article 9 of the GDPR has direct effect, I do not see any need for section 45 in that context. People have spoken about lawyers' holidays. The greatest example will be when the GDPR and the Act will be in conflict. Section 45 is a prime example in that regard.

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