Patrick O'Donovan (Limerick County, Fine Gael) | Oireachtas source

I move amendment No. 8:

In page 15, between lines 7 and 8, to insert the following:“(d) in a case in which the second mentioned public body is engaged for gain in the production, supply or distribution of goods or the provision of services, the use by that public body of the personal data could not lead to the distortion of competition in trade in those goods or services in the State or in any part of the State,”.

This amendment provides that public bodies may not share data where the body receiving the data is involved in commercial activity - it relates to the matter raised by Deputy Jonathan O'Brien - where the use of that data could give the body concerned a commercial advantage over other operators in the same market. It is a logical follow-on from the provision of section 10(3) that the Minister may exclude a public body involved in any commercial activity from being able to share data under this legislation. The proposal arises from an amendment proposed by Senator Higgins on Report State in the Seanad. I gave a commitment to her that I would propose an amendment to this effect when the Bill reached Committee Stage in the Dáil. Therefore, I ask that the committee would look favourably on the amendment.