Clare Daly (Dublin Fingal, Independent) | Oireachtas source

It is funny that it is grouped here. It is slightly different as the GDPR Article 13.2(f) gives people the right to be given information about the existence of automated decision-making, including profiling. The right is not replicated in the directive or this Bill and we think it is no harm to put it in there as it could be valuable. The directive prohibits automated processing, including profiling, that results in discrimination. To enforce the right not to be profiled in a discriminatory way, a data subject has to know they have been subjected to automated processing. To know that, he or she would have to be told about it when he or she exercised his or her right to access information under section 89. At the moment, section 89 does not oblige controllers to inform people of the fact that they have been profiled or subjected to automated processing.

This section is in Part 5, which means we are talking about the potential profiling of innocent people in a discriminatory way by the Garda. We know that ethnic profiling has taken place, so we are trying to provide that a person who asks for information about what the Garda has been up to with his or her data will get the information they need.