Oireachtas Joint and Select Committees

Wednesday, 21 June 2017

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of Data Protection Bill 2017: Discussion (Resumed)

9:00 am

Mr. Denis Kelleher:

Just to be clear, she is truly independent. It is just the perception. I do not mean to interrupt the Deputy, but she is absolutely independent at the present time. There is no question about that.

There have been three challenges to the independent data protection commissioners in Europe - in German, Austria and Hungary. I guarantee that when those three member states were being prosecuted before the Court of Justice, there would have been a review undertaken of breaches of other member states' independence and clearly the Irish regime passed. One can say it definitively. I would have reviewed it. One will see a reference. She is independent at present. The question I would have is about perception of independence and whether the drafting need to be tweaked away from current Irish conventions of drafting to make clear that such independence is there.