Oireachtas Joint and Select Committees

Thursday, 6 December 2018

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach

Data Sharing and Governance Bill 2018: Committee Stage

10:00 am

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein) | Oireachtas source

The Minister of State is misunderstanding what is being proposed. What is being proposed is that if someone opts into the once-only principle and submits his or her data, there is an implied consent that the data can be shared. These amendments seek to ensure that there is some mechanism in place that allows an individual to opt out. Deputy Wallace will correct me if I am wrong but it is my understanding that there would be an implied consent once a person opts into the once-only principle and there would also be an option available to opt out. It is not the case that everybody will be walking around with bundles of paper under their arms for different bodies because once an individual gives his or her data, those data can be shared under the provisions of the Bill. However, there must be some opt-out provision for individuals who do not want their data to be shared.

A personal access portal would be put in place through which an individual could view what data have been shared and could also request that the data be deleted but that is after the fact. It is my understanding that an individual could only ask for data which had been shared to be deleted after they had already been shared. I can completely understand Deputy Wallace's position. In fact, Sinn Féin will support his amendments if he decides to press them. If he does not press them, a discussion of this issue will be needed before Report Stage. We are not legislative draftspersons and we do not have access to the Attorney General but we are telling the Government, as public representatives, that we want some mechanism put in place that would allow individuals to opt out of data sharing right across the system, if they so choose. We do not know how many people would opt out. It could be a very small number but the option should be available.

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