Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No. 119:

In page 66, lines 17 and 18, to delete “A controller, other than an independent judicial authority acting in its judicial capacity,” and substitute the following:“A controller, other than—

(a) a court, or

(b) another independent judicial authority, acting in its judicial capacity,”.

This is a technical amendment. The revised wording is closer to the text of paragraph 2 of Article 32 of the directive. I will briefly refer to the other amendments at this stage.

I recognise the intent on the part of Deputies Daly and Wallace in respect of amendment Nos. 120 to 123, inclusive. They wish to bring the content of the section into line with the corresponding provision in the GDPR. While the directive does not contain or require the same level of detail, I will consider the matter with a view towards a Report Stage amendment if the Deputies withdraw their amendments today. I know what they are trying to achieve, but I do not want to have different consequences.

I see the reasoning of Deputy Ó Laoghaire but I cannot accept amendment No. 124 because it deals with the risk that a data protection officer might encounter non-co-operation, harassment, duress or even victimisation in the workplace as a result and would no longer be in a position to perform his or her duties. We considered that matter during the Seanad discussions in the context of a similar amendment. I am strongly of the view that a more effective remedy is already available to data protection officers under the Protected Disclosures Act 2014 and that it is better that we address these issues under that Act rather than introduce them into data protection.