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

I move amendment No. 97:

In page 40, between lines 8 and 9, to insert the following:“(11) (a) Any regulations under this section shall be referred to the Data Protection Commissioner before their enactment, who shall conduct an impact assessment, undertaken by the Data Protection Commission.

(b) The impact assessment shall have the purpose of ascertaining whether the proposed processing of special categories is—

(i) necessary,

(ii) proportionate,

(iii) in compliance with subsection (4),

(iv) in compliance with the GDPR.

(c) The impact assessment shall be returned to the Minister within three months of the Minister’s referral, and it shall make recommendations as to whether the proposed processing of special categories is in compliance with the criteria laid out in paragraph (b) and shall recommend any changes necessary to the regulation to ensure compliance, or may recommend that the Minister not proceed with the regulation.

(d) In the event that the Minister does not follow the recommendation of the Data Protection Commission, the Government shall—

(i) publish in Iris Oifigiúil a reasoned written explanation of the decision of the Government not to follow the recommendation of the Commission,

(ii) cause to be laid before the Houses of the Oireachtas a statement containing a reasoned written explanation of the decision of the Government not to follow the recommendation of the Commission.”.