Oireachtas Joint and Select Committees

Tuesday, 27 April 2021

Joint Oireachtas Committee on Justice, Defence and Equality

General Data Protection Regulation: Discussion

Photo of Jennifer Carroll MacNeillJennifer Carroll MacNeill (Dún Laoghaire, Fine Gael) | Oireachtas source

The question relates to the Data Protection Commission. I am coming to it from the perspective of constituents and from consumers who find all of this very difficult. They are, in large part, aware of the general rules but not necessarily what they cover, how to access them and so on. This includes the Article 5 rules for data being stored only for as long as necessary, or the big differences between buying something and getting data. A person who buys a barbecue online, for example, may give his or her data for that purpose but there is an end point to that transaction. There are, however, other things that may be more open ended. Article 6 is around the legality of collecting and processing personal data and the question of consent being specific and unambiguous. It is very much a proactive consent, as far as I understand. Article 17 is the right of erasure, if that is the correct term, or the right to be forgotten. I am concerned about the burden placed on citizens to be aware of their rights in relation to this and the burden placed on them around finding out about who is the right point of contact, about providing identification required to the data being held, about seeking rationale for the retention of the data, and about challenging the rationale or obtaining help. It is very difficult, especially if people do not know that the data are held about them. To what extent can more be done proactively to help consumers and citizens be aware of how to navigate the process?

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