Clare Daly (Dublin Fingal, Independent) | Oireachtas source

Article 29 of the GDPR is the god of guidance on the GDPR. On automated processing the GDPR says that minimum safeguards must provide an explanation of the decision reached and a way for the data subject to obtain human intervention, to express his or her point of view and to contest the decision. This Bill refers to making what are called representations. It is not clear at what stage the data subject can make representations and there is no guarantee that he or she will get a human intervention if it is wanted. There is no obligation on a controller in this regard. We have to see this in the context of the fallibility of machines. It is crucial that there needs to be a clear right for people in Ireland to get a human intervention and an appeal process for any decisions that are made by the machine. This is what our amendment provides for. We have to be cognisant that over the next ten years, automated decision-making is going to become much more prevalent. There is a problem with the wording of the Bill in that the rights enshrined in the GDPR are somewhat circumscribed by this. Unless we clearly delineate the rights now, there will be confusion and possible court cases in the future. It is far better not to use the phrase "make representations", which is in the Bill. If the phrase is to be used, then accept our amendment.