Dara Calleary (Mayo, Fianna Fail) | Oireachtas source

I move amendment No. 2:

In page 10, to delete line 3.

This grouping of amendments relates to the disclosure of personal data. The substantive amendments in the grouping are amendments Nos. 6 and 41 to 44, inclusive. Further to a review of the Bill as part of the consultation process mandated under Article 36.4 of the general data protection regulation, the Data Protection Commission recommended that explicit provisions be made in the Bill to permit Coimisiún na Meán and the Competition and Consumer Protection Commission to process special category personal data and Article 10 data. The commission also recommended that explicit provision be made to allow for the setting-out of suitable and specific measures as may be required for safeguarding the fundamental rights and freedoms of data subjects in respect of the processing of special category data. Special category data relates to data such as personal data revealing racial or ethnic origin, sexual orientation or data concerning health, while Article 10 data comprises personal data that relates to criminal convictions and offences.

Amendment No. 6 will give effect to the recommendations of the Data Protection Commission as they relate to Coimisiún na Meán, while amendments Nos. 43 and 44 will give effect to the recommendations by the Data Protection Commission as they relate to the Competition and Consumer Protection Commission.

Amendment No. 2 is a purely editorial amendment required as a consequence of the text insertion related to amendment No. 6.

I thank Deputy O’Reilly for submitting amendments Nos. 41 and 42, which relate to amendments to section 43 (1) and (2). Section 43 (1) provides that the Competition and Consumer Protection Commission can disclose personal data to Coimisiún na Meán, the Garda Síochána and intermediary service providers. Section 43 (2) sets out the circumstances for which the Competition and Consumer Protection Commission can disclose personal data to these bodies. The list of bodies included in section 43 (1) was limited on the basis that insights as to the type and content of complaints the Competition and Consumer Protection Commission may receive in respect of Articles 30 to 32, inclusive, of the regulation are also limited at this time. Section 43 (1) (d) and (2) (d) provide that the Minister may make regulations to prescribe a body to which the Competition and Consumer Protection Commission may disclose personal data and that the Minister may make regulations setting out the circumstances under which personal data may be disclosed to the prescribed body.

Amendments Nos. 41 and 42, as proposed by Deputy O’Reilly, would have the effect of removing section 43 (1) (d) and (2) (d), respectively. The provisions of those paragraphs are necessary, however, in order that there be flexibility to allow for reforms to be made in a timely manner in circumstances where the CCPC may need to share personal data with a body other than Coimisiún na Meán, the Garda Síochána and intermediary service providers to support their implementation of Articles 30 to 32, inclusive, of the digital services regulation.

The provisions of subsections 1(d) and 2(d) of section 43 are, however, necessary in order that there is flexibility to allow for reforms to be made in a timely manner in the circumstances that the CCPC may need to share personal data with a body other than Coimisiún na Meán, the Garda Síochána and intermediary service providers, in order to support their implementation of Articles 30 to 32 of the digital services regulation. For example, it may be that the CCPC will require expert advice from other national bodies to help it in fully assessing a complaint. In order to provide assistance to the CCPC, such other bodies may require full visibility of a complaint, including any personal data included in that complaint. On this basis I cannot accept amendments Nos. 41 and 42 when we come to them in the sequence of the amendments.