Ms Helen Dixon:

I thank Deputy Kenny. He raised a number of particularly important questions that I wanted to circle back on to address. In terms of some of the inaccuracies about what has been presented, I do not think I would be doing my job if I did not inform the committee there are significant inaccuracies. It is not a question of not accepting criticism or that there is a problem. The DPC is entirely open to the idea that improvements have to be made.

There are a couple of comments to make about complaints. One is that under the previous regime in Ireland, almost uniquely in Europe, under section 10 of the Acts, the DPC had an obligation to investigate every complaint and to produce a decision if the complainant so required. There was a particular backlog, therefore, once the GDPR commenced, that had to be worked through where we did not get to apply a risk-based approach or an examination of the extent appropriate. We were obliged to conduct an investigation. That is one comment to make.

It is important to say that 60% of the complaints we receive in any calendar year are resolved in that same calendar year. Some of the points raised before the committee this evening regarding complaints are not obligations of the DPC under the GDPR. I am aware that gives rise to dissatisfaction, and some of the dissatisfaction members have heard from their constituents may relate to that. However, there is no obligation on the DPC under the 2018 Act to produce a decision in the case of any complaint. We are obliged to seek to resolve it amicably and then otherwise produce an outcome, which may not be a decision. We heard that Logue Associates would prefer if there was a decision in each case and requests that there would be, especially because he says individuals may want to seek compensation, but that is not an area within the remit of the DPC.

Regarding the issue of mother and baby homes and the sealing of the records, that was clearly a very complex matter because the legislation that gave rise to the commission of investigation derived from 2004 and was pre the EU Charter of Fundamental Rights coming into legal force and pre the GDPR. Later on, issues arose in terms of the application to the GDPR and the rights of individuals to the processes that had been laid down. The DPC is on record as saying a blanket sealing of the records was not justified and that individuals had rights of access. That is the position now where the archive has transferred to the Minister for Children, Equality, Disability, Integration and Youth and that Department is giving effect to the rights of individuals.