Charles Flanagan (Laois, Fine Gael) | Oireachtas source

Amendment No. 126 is not needed because paragraph (f) of subsection (2) imposes an obligation on the controller to provide further information to a data subject to enable him or her to exercise his or her Part 5 rights.

As regards amendment No. 127, section 89 gives effect to Article 14 of the directive. Rights relating to automated data processing, including profiling, are set out directly in Article 11 of the directive and in section 87 of the Bill.

I am reluctant to accept amendment No. 125, which proposes to insert a specific reference to the legal basis for any transfers of personal data in section 88. The existing reference to the legal basis for processing the data includes reference to transfers because of the wide definition of processing in section 66. In accordance with the definition in section 66, it is clear that processing includes the disclosure of data by transmission, dissemination or otherwise making the data available. This would include the transfer of personal data. My concern is that the inclusion of a specific reference to transfers of data in this section could well cast doubt on its usage, validity or application in other parts of the Bill. Subsection (2)(f)(iii) requires that information be given on categories of recipients, and this includes recipients in third countries and in international organisations.

I will not accept amendment No. 125 and amendment No. 126 is not needed. In respect of amendment No. 127, section 89 refers to Article 14 of the directive.