Oireachtas Joint and Select Committees

Wednesday, 5 May 2021

Joint Committee on Media, Tourism, Arts, Culture, Sport and the Gaeltacht

General Scheme of the Online Safety and Media Regulation Bill 2020: Discussion (Resumed)

Ms Anna Morgan:

I thank the Senator. Insofar as the regime created by the GDPR is concerned, if, for example, a complaint is made around the processing of personal data and an allegation is made that the rules of the GDPR have not been complied with and this has some form of effect for a data subject or an individual, it is within contemplation that that would fall within the rules of the GDPR. This will be determined by the specific facts of any given situation and the nature of the processing that is carried on and what we mean by algorithmic bias and the affects referenced by the Senator. Returning to Article 22 of the GDPR, insofar as there is some form of automated decision-making that is carried out that is not in compliance with the rules set out in that part of the GDPR, that would certainly fall within the remit of the DPC.

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