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 Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I move amendment No. 118:

In page 66, between lines 15 and 16, to insert the following:“(9) Should a data subject request information in relation to a personal breach which affects them, they have the right to be provided with all the pertinent information in respect of that breach and nothing in subsections (2), (4) or (6) shall place a restriction on their access to that information.”.

This amendment is pertinent in light of recent events. Section 84(1) deals with situations where a personal data breach occurs and is likely to result in a high risk to the rights and freedoms of a data subject. In such cases, the controller shall provide him or her with the details of the breach. I wish to add that if a data subject requests information in regard to a personal breach which affects him or her, he or she has a right to be provided with all of the pertinent information in respect of that breach. It would provide a statutory basis for people being given information without having to write to the Data Protection Commissioner or go to court. I am interested in hearing what the Minister has to say.

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