Ms Anna Morgan:

I thank the Senator for the questions. I will deal with the latter issue he raised in general terms and then hand over to Mr. Ryan on the specific query raised. The Senator referenced the phenomenon of the GDPR being used potentially as an excuse to deal with certain issues. This is certainly something the DPC has been aware of in many contexts since the GDPR came into application. The rules in the GDPR have been used by a range of sectors potentially to sidestep obligations that may otherwise apply to them. We have had to do a significant amount of myth busting. Recently, we published a blog on our website on what the GDPR does and does not state. The issues raised by the Senator are certainly very pertinent in the context of the first ten months of application of the GDPR.

On the substance of the question, which I understand concerns section 40 of the 2018 Act and the activities of elected public representatives, I will hand over to Mr. Ryan to address it in more detail.