Oireachtas Joint and Select Committees

Wednesday, 3 April 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Implementation of the General Data Protection Regulation: Data Protection Commission

Photo of Clare DalyClare Daly (Dublin Fingal, Independent) | Oireachtas source

I do not mean to criticise any of our guests or the commission. However, the commission has come in for some scathing criticism with regard to how it regulates the large tech companies, the multinationals and so on. In the Schrems case, for example, the assertion was that the DPC could have taken direct action against Facebook rather than taking the convoluted route via the courts, etc. People such as the former German data protection commissioner have made the point that Facebook based itself in Ireland because it can get away with murder and it is the location with the lowest levels of data protection, although I accept that we are improving and have beefed up our mechanisms in that regard. Following the shocking revelation of the close relationship with the Irish political establishment, and bearing in mind how companies such as Facebook view the Taoiseach as a puppet they can manipulate in order to secure light-touch regulation, we are in a peculiarly unique situation. On the one hand, giant multinationals are located here. Some believe that this is because of light-touch regulation but it is clear that it is also for taxation purposes.

As they are located here, the DPC has become the EU data regulator, which is a challenging role. My criticisms are in no way directed at any of the witnesses because I recognise that data protection is a challenging job. As the commission is funded by Government, how does it deal with that conflict and in light of it would it be better if the commission was funded by Europe?

How would the witnesses describe the commission's relationship with the permanent government, the Civil Service? How does it work and could it be improved upon? I am conscious that in some ways this is a new role for the commission. Have the witnesses perceived a difficulty in the commission's relationship with the permanent government? I appreciate that nobody is going to admit to a committee that they a difficult relationship with the Government but in terms of accountability is there a better way in which that relationship could be managed? Has accountability emerged as a problem for the commission in the context, in particular, of the big technology multinationals and so on?

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