Mary Seery Kearney (Fine Gael) | Oireachtas source

My concern when I read Article 15.4 is that if it is left to the discretion of an individual controller and it is not codified, then the balancing of complex issues becomes more difficult. Article 15.4 will then become a defence to non-disclosure where disclosure is being pursued by an individual entitled to that information. In that context, we need legislation to take it out of the hands of individual controllers so that there is a basis upon which litigation can occur if disclosure is not made. We do not want it to become an impediment. I see Article 15.4 as covering an entitlement to information but also acting as a defence not to disclose. Quite often the GDPR is used and abused so as not to disclose and we want to avoid that. By codifying it, we are taking it out of the hands of any individual controller and are creating a basis on which litigation could occur and removing that defence, as such.

In the previous session, I asked if I can restrict the processing of my data if it is relates to giving birth to a child. I was informed that I cannot restrict anything that is data belonging to another person. I would not have considered it to be that absolute.