Brian Hayes (Dublin South West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I do not propose to accept Deputy Pearse Doherty's amendment. It is not necessary to have an adjudicator as the relevant provisions of the data protection legislation of 1988 and 2003 will apply to the Bill. When a credit information subject seeks an amendment to correct information held on the register as it relates to him or her, he or she must inform the Central Bank. The Central Bank is the data controller for the information held on the register. If the bank is satisfied that the information held on the register on the credit information subject is accurate but the credit information subject still wishes to seek an amendment to the register, the credit information subject has recourse to the Data Protection Commissioner. Therefore, a procedure has been provided for in the Bill that provides the credit information subject with an avenue to follow in the event of a dispute about the content of the register. The amendment, as proposed, is, therefore, not necessary, largely because the overriding issue is with the Data Protection Commissioner, not the Central Bank. It would be an extra layer. It is the Data Protection Commissioner's job to deal with the matter, not that of the Central Bank. Applications can be made to the commissioner for that reason.

With regard to amendment No. 56, the Office of the Attorney General consdiered it was appropriate to move the material that formerly featured in section 11 to this new section as it relates not only to the amendment dealt with in sections 9 and 10 but also to the issue of access, dealt with in section 16. The proposed amendments apply the appropriate provisions of the Data Protection Acts 1988 and 2003 to this Act and provide clarity regarding the role of the Data Protection Commissioner and the Central Bank in respect of the systemic problems identified by the bank. The Data Protection Commissioner has been consulted on the proposed amendments to this section. No protection for credit information subjects will be lost through these proposed changes. The amendments will simply apply only the provisions that are applicable. Small and medium enterprises with a turnover of €3 million also have recourse to the Data Protection Commissioner in this regard.