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

Deputies Wallace and Daly have tabled a significant amendment. The consequence of it would be that, if someone's data were breached and he or she did not want to make a complaint or take an action, a not-for-profit body could take an action on his or her behalf. It is very unusual in Irish law that someone might be able to take an action or make a complaint on behalf of an individual when the individual has not mandated that such a complaint would be made. Before a court, it would probably be struck out on grounds of lackinglocus standi. It is a well-intentioned amendment, but I am concerned that a not-for-profit body could bring the complaint or take the action without permission. Significant legal costs will be associated with that. A not-for-profit body can hire lawyers to take the case who will cost a considerable amount of money and the financial cost to the data breacher would be significant.

Obviously, there must be a remedy, but given that this provision is so unusual and I do not believe that a not-for-profit body should be in a position to take an action on behalf of a person who does not want it taken, I would be slow to support the amendment.