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

I move amendment No. 9:

In page 15, to delete line 14 and substitute the following:“(f) the disclosure of the personal data is—

(i) necessary for the performance of the functions in relation to which the information is being disclosed, and

(ii) proportionate in the context of the performance of those functions and the effects of the disclosure on the rights of the data subjects concerned.”.

A core requirement of GDPR is that any processing of personal data, including data sharing, is necessary and proportionate. This was discussed at length in the Seanad. I gave a commitment then that it would not exceed what is required. During the debate in the Seanad, several Members expressed a strong preference that wording of this legislation should reinforce the requirement under the GDPR. I accepted several amendments to this affect in sections 13 and 19. I now propose to strengthen the wording further with these amendments to sections 13 and 19.

Amendment No. 9 to section 13 sets out an explicit requirement that data sharing under this legislation shall not be lawful unless it is necessary for the performance of the functions of the public bodies concerned and that the disclosure of the information concerned is proportionate in the context of the performance of the functions of the public bodies concerned and the GDPR rights of the data subject whose personal information is being shared. This is why I will come back on Report Stage to the amendment lost by the Government. It will also give clarity to the Opposition that, in many cases, this strengthens the issues to which Deputy Wallace referred, with the tests of being necessary and proportionate. That is why I signalled my intention to the Acting Chairman my intention to revert to the amendment lost earlier on Report Stage.

Similarly, amendment No. 13 to section 19 requires that as part of a data-sharing agreement, the parties to that agreement must provide a statement setting out why the data sharing is necessary and proportionate. It is a test that will have to be passed when the data-sharing agreement is put out to public consultation and when the agreement is first drawn up.

The effect of these two amendments is to strengthen the obligation of the public bodies to ensure that any data sharing they carry out is necessary and proportionate and to provide greater clarity on what tests should be applied to achieve this. I ask the committee to support these amendments. It also outlines why I wish to return to the earlier amendment on Report Stage.