Alice-Mary Higgins (Independent) | Oireachtas source

I thank the Minister of State. This is exactly the approach that should be taken. I have not seen, and I do not know whether we have received, a copy of the proposed regulations, which it would, of course, be important to see in terms of the detail. I am glad to see section 60 of the Data Protection Act and Article 23 of the GDPR used properly. Very often, when we are told things cannot happen because of GDPR and there are limits, it excludes the fact there are those very clear provisions where there is a strong public interest that could be served which allow for the appropriate making of necessary and proportionate regulations and which would be applied case by case. Those are the big tests. We often see either blunt attempts to create an exemption from GDPR or people saying their hands are more tied than they actually are. We have come across this in such areas as social protection, human rights practice, adoption and personal information, and information related to forced adoption.

This is good. This is an exemplary approach, and I commend the Ombudsman and the Minister of State on it, in that it specifically sets out the question of necessity of proportionality and it is also very clear that these regulations will be applied case by case. In that context, in principle, I am supportive of it but my concern is that I have not actually seen the regulations. It would ideally be good for us to see it because we know there is much difference in the detail in this regard. Of course it is very important for the Ombudsman's office in particular to be a place where people who may be vulnerable in bringing a concern forward can engage and where that vulnerability would not be exacerbated or we would not have an avoidable chill effect in terms of people coming to the Ombudsman. I understand the rationale for this. I am happy with how it is being proposed to move forward, with the exception that I would like to see the regulations. Perhaps the Minister of State comment