Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

This set of amendments intend to remove from the Bill the provisions related to the ability of an employer to seek relevant evidence of the circumstances in which an employee is taking leave for medical care purposes. The central part of the policy development from a data protection perspective is that the design of the system should seek to achieve the minimum invasion of privacy rights, be they third-party or otherwise, while also achieving the legitimate objective of ensuring the employer concerned has sufficient information with which to make decisions in terms of the granting of leave.

There is a legislative basis for the processing of such data through GDPR and the Data Protection Act 2018. Both the GDPR and Data Protection Act will apply regarding the obligations on an employer with regard to the processing, storing and destruction of personal information, be that third-party or otherwise. The provisions in the Bill strike the balance required in that they require the minimum information necessary. They are in line with existing provisions in family leave legislation and particularly with the Parental Leave Act, which this Bill amends. Information of a similar nature is sought for other forms of leave such as parental leave where information on the child can be requested, including on any disability. For force majeureleave, a statement of fact must be provided to support the leave.

As I noted in my opening remarks, I am considering an amendment, potentially to be introduced on Report Stage, to provide explicitly that the processing of data by an employer with regard to the entitlements under the Bill will be subject to the measures being taken to safeguard the fundamental rights and freedoms of data subjects. I do not believe these amendments are the best way forward at this time.

What would happen if someone had to take leave to care for an elderly parent and the elderly parent refused for his or her information to be shared with the carer's employer?