Pat Breen (Clare, Fine Gael) | Oireachtas source

I cannot accept amendments Nos. 181 to 184, inclusive, because they could seriously jeopardise the finalisation of an investigation by the commission and render it open to legal challenge on the grounds of due process. When a draft report is prepared by an authorised officer on foot of his or her investigation under section 137 of this Bill, fair procedure rules require the contents of that report to be shared with the controller or processor concerned for any representation that he or she may wish to make. The authorised officer is required to have regard to any such representations. This, of course, does not necessarily require changes to the report. The same considerations apply where the report is submitted to the commission for its consideration and for a decision under section 138. I fear that the sharing of a draft report with a complainant - an individual, or a not-for-profit body, organisation or association acting on his or her behalf – could provide very strong grounds for a later challenge to the validity of any decision reached by the commission and to any corrective action or fine it imposes on the controller or processor concerned. If significant sanctions, especially administrative fines, are to be imposed, it will be important to ensure high standards of due process and the integrity and independence of the investigative process are maintained throughout the investigation and adjudication process. Specific references to these aspects of the matter are included Articles 58.4 and 83.8 of the GDPR. For these reasons, I cannot accept amendments Nos. 181 to 184, inclusive.