Oireachtas Joint and Select Committees

Wednesday, 6 April 2022

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach

Data Protection Act 2018 (Section 60(6)) (Office of the Ombudsman) Regulations 2022

Photo of Ossian SmythOssian Smyth (Dún Laoghaire, Green Party) | Oireachtas source

I thank Senator Higgins. I agree that GDPR is often used by service providers as an excuse not to service a request, sometimes perhaps through a misunderstanding of GDPR and not having read what the principles are and so on.

This clarifies the situation. Under the previous data protection legislation, there was a complete exemption for the Ombudsman from all data protection rules. Under the Data Protection Act 2018, we now need to provide a specific, proportionate and limited exemption to prevent investigations from being frustrated by people.

With regard to the Senator's question about not having seen the draft regulations, I believed that they had been circulated. I have a copy of them here and will ensure they are sent around to all members. However, they should have been sent around and I apologise for the committee not having had a chance to see them.

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