Mick Wallace (Wexford, Independent) | Oireachtas source

I move amendment No. 67:

In page 31, line 24, after “subjects,” to insert “and subject to subsection (2),”.

Recital 52 of the GDPR states exemptions in the processing of special categories of personal data can be provided for in member state law in settling claims for benefits and services under the health insurance system. I acknowledge that section 47 invokes suitable and specific measures which revert to some of the safeguards provided in section 35, but Recital 52 of the GDPR makes absolutely no references to occupational pensions, for example, as is the case in respect of section 47(c) or to the mortgaging of property, as provided for in section 47(d). This section essentially provides for exemptions from the requirement for explicit consent under the GDPR for the processing of special or sensitive categories of data. That is fine, as long as we adhere to the possible exemptions provided for in the GDPR. However, we are surely overstepping the mark in this section and going beyond services provided under the health insurance system, as per Recital 52 of the GDPR. Why could consent not be sought in the instances given in section 47(c) and (d)? Surely obtaining consent in these instances would not be too onerous or difficult. The proposed insertions in amendment No. 70, subsection (2)(a) and (b), even stipulate that processing might take place without the consent of the data subject if the data controller could not reasonably be expected to obtain consent for whatever reason. In other words, obtaining consent should be a reasonable step.