Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendments No. 114:

In page 58, line 23, to delete “and processor” and substitute “and a processor”.

Section 77 imposes an obligation on data controllers operating under Part 5 of the Bill to have a detailed contract with any processor that carries out data processing activities on their behalf. The intention is to ensure the controller retains overall control over the processing chain, especially where the processor needs to obtain the assistance of a sub-processor. A very simple example is where, for example, the Garda, acting as a controller, obtains documents in a foreign language and transmits them to a translation service, which would be a processor, for translation into the English language. If that translation service does not have the necessary expertise to translate the particular language into English, it may need to obtain the services of another service with the necessary translation expertise, which would be the sub-processor. The proposed amendments to section 77 are technical in nature, but the intention is simply to ensure the controller which in my example is the Garda retains control over the personal data contained in the documents. That will enable it to retain control over the data and facilitate the exercise of data subject rights. It will also enable it to demonstrate compliance with the requirements in Part 5 of the Bill to the Data Protection Commission if called upon by the commission to do so. A possible Report Stage amendment is being considered with regard to determining the controller-processor relationship between the Office of the Director of Public Prosecutions and the prosecuting counsel on behalf of the State.