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 Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

In regard to the Minister's response to amendments 137 to 139, inclusive, I am sure that like me the other Deputies involved were of the view that these amendments would strengthen the obligations rather than weaken them or create any greater discretion, particularly, in the first instance, the word "investigate" as opposed to "examine" and, in the second instance, the reference to a formal decision, except where a matter is frivolous or vexatious. As mentioned by the Minister, the words "frivolous" and "vexatious" are frequently used in respect of cases which fail to reach a fairly low threshold. I note what the Minister says but it appears to me that as things stand in the Bill there is greater discretion and flexibility than would be the case were amendments Nos. 137 and 138 accepted, in regard in particular to the requirement for a formal decision, which, I think, is important.

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