Oireachtas Joint and Select Committees

Monday, 1 March 2021

Seanad Committee on the Withdrawal of the United Kingdom from the European Union

Impact of Brexit on Data Protection and Data Flows between the UK and the EU: Discussion

Photo of Lisa ChambersLisa Chambers (Fianna Fail) | Oireachtas source

The witnesses for today's meeting are from the Data Protection Commission, DPC. The agenda is as follows: the impact of Brexit on data flows between the UK and the EU and, more broadly, on data protection; dealing with a potential future divergence in data protection law between the EU and the UK; the impact of Brexit on companies and organisations transferring or storing data between the UK and the EU; and the data protection implications which arise from the increased customs paperwork.

The evidence of witnesses who are physically present or who give evidence from within the parliamentary precincts is protected pursuant to the Constitution and statute by absolute privilege. However, witnesses who are to give evidence from a location outside the parliamentary precincts are asked to note that they may not benefit from the same level of immunity from legal proceedings as witnesses giving evidence from within the parliamentary precincts do and may consider it appropriate to take legal advice on this matter. Witnesses are also asked to note that only evidence connected with the subject matter of the proceedings should be given. They should respect directions given by the Chair and the parliamentary practice to the effect that, where possible, they should neither criticise nor make charges against any person or entity by name or in such a way as to make him, her or it identifiable or otherwise engage in speech that might be regarded as damaging to the person or entity's good name.

Members are reminded of the long-standing parliamentary practice to the effect that they should not commit or make charges against a person outside the Houses, or an official, either by name or in such a way as to make him or her identifiable. I remind members that they are only allowed to participate in this meeting if they are physically located on the Leinster House campus. In this regard, I ask all members, prior to making their initial contributions, to confirm that they are on the grounds of the Leinster House campus. Participants in the committee meeting from a location outside the parliamentary precincts are asked to note that the constitutional protection afforded to those participating within the parliamentary precincts does not extend to them. No clear guidance can be given on whether, and to what extent, such participation is covered by absolute privilege of a statutory nature. I also remind members that there may be times throughout the meeting where there may be technical difficulties or glitches but we will work through those. I ask all participants to mute their devices when not contributing in order to avoid any feedback in the system.

On behalf of the committee, I welcome Mr. John O'Dwyer, deputy commissioner, and Ms Nicola Coogan, assistant commissioner, from the DPC. I thank them both for making the time to attend our meeting to make statements and take questions from members. It is much appreciated. I call on Mr. O'Dwyer to make his opening statement.

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