Oireachtas Joint and Select Committees

Thursday, 26 September 2019

Public Accounts Committee

2018 Financial Statements of the Office of the Data Protection Commissioner

9:00 am

Photo of Imelda MunsterImelda Munster (Louth, Sinn Fein) | Oireachtas source

In reading through the eight findings made in the final report one can see that they are quite stark. The first thing that jumped out at me was that the Department had really made a pig's ear of it. All one can see is the law being broken.

Ms Dixon said she had instructed the Minister to publish the report within seven days and that this had not been done. It was done after four weeks. Ms Dixon had also requested the Department to delete illegally retained data by 5 September - to my knowledge that has not been done - and to instruct other State agencies to stop processing data. They have failed to do this and seem to be hell bent on continuing to ignore the report's findings. Ms Dixon said the Data Protection Commission would have to fulfil further criteria in order to issue an enforcement notice. In response to a parliamentary question the Minister said: "It should be noted that the findings in the DPC report do not have the force of law until such time as they are formalised in an enforcement notice." Is it the case that the Department is working inside the law, or is it working outside the law as found in the report?

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