Oireachtas Joint and Select Committees
Thursday, 22 September 2022
Joint Oireachtas Committee on Justice, Defence and Equality
General Data Protection Regulation Enforcement: Discussion
James Lawless (Kildare North, Fianna Fail) | Oireachtas source
I thank our witnesses. I will make some closing remarks. We will not go back around the table again because some people are under time pressure. We will have an opportunity for an informal chat over a cup of tea or coffee after the meeting.
Ms Sippel spoke about the EDPB approach. It is an interesting point. One of the findings of our report and something that came up repeatedly in discussions, including recently when a few of us met with Mr. Schrems, is that the one-size-fits-all approach is problematic at times. A view is sometimes expressed that the one-size-fits-all approach in the context of GDPR means that the large tech companies have an overly simplified process whereas the small enterprises and businesses are tied up in knots with an overly complicated process. A banded approach based on scale may be more appropriate. There is an understandable reluctance, however, to revisit this issue because it took so long to get to the GDPR and get everybody on board. There is a reluctance to open the tin again. I understand that and I will take note of the EDPB process. Perhaps the committee will do so too. It is something we may consider. It is an interesting suggestion.
A question was asked about how independent the DPC is. I noted Ms Delbos-Corfield's comment in respect of TikTok. It is never a good sign if the poacher likes the gamekeeper. They should not be friends. It is an interesting observation. We have noted similar in some of our investigations and findings. The legal position is that the DPC is independent in the performance of its functions. It is not strictly accountable to, but is under the auspices of, the Minister for Justice. It is certainly funded from that Department so there is, at least, a dotted line.
As a committee of Parliament, we do not have a direct supervisory role but we do have a voice that we can use, so we have an advocacy role in producing reports like this and having sessions like this. We may exercise that power more. We can express concerns or findings and we certainly hope those are noted. To be fair, I think they are noted, although they may not always be followed through as we would like.
When an appointment is made under the remit of the Department, the committee has a right of audience to bring the appointees in for a sort of approval hearing before they take up the position, and we will invoke that procedure at every opportunity. There is a lot of talk about additional commissioners being appointed. If they are, the committee will demand that they come before us to be vetted or to have an engagement with us before taking up the position. It might be a useful way to not only improve the quality of appointments, but also to start off on the right foot with them because we can express concerns from day one. That is a power we will exercise again.
Ms Daly made the point that the little-and-often approach is a very good system. It is probably a personal view but doing something quickly, so that it is good enough, and then moving on to the next thing is often better than striving for perfection and never getting there. We may be able to examine in a little more detail the Spanish system which Ms Daly stated takes that approach. The idea of producing multiple rapid mini-decisions or mini-outcomes rather than having a convoluted eternal process that does not actually perhaps ever get to resolution appeals to me. It is something to follow up.
I will conclude by thanking members on both sides of the room, as it were; both our home team and the visitors for coming in to us. There will be a further debate on this issue in the plenary Chamber in two weeks. This meeting has been very useful because we can take the outputs of it as further fuel for that debate and for other points that can be raised. I urge all present to keep the conversation going. They should feel free to keep in touch with us, and we will do likewise. This sort of engagement is really helpful. I hope our guests found it helpful also. That concludes our formal business. There is a little bit of housekeeping to be done. We will have an opportunity to have a chat outside the committee room.
The committee will stand adjourned until 2 p.m. on Wednesday, 28 September for a meeting with stakeholders regarding the challenges facing rank-and-file members of An Garda Síochána in the performance of their duties. There will be no meeting next Tuesday as it is budget day. There will be a meeting on Wednesday instead. I again thank-----
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