Oireachtas Joint and Select Committees

Wednesday, 3 April 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Implementation of the General Data Protection Regulation: Data Protection Commission

Ms Anna Morgan:

A section 137 investigation is a step that can be taken in the context of a statutory inquiry that is commenced under section 110. Section 137 represents a particular set of powers that can be invoked by authorised officers, in particular, an authorised officer once section 137 is triggered in the context of an ongoing statutory inquiry. The authorised officer can, for example, hold an oral hearing and has more extensive powers than the standard powers of authorised officers, under section 130, to compel evidence on oath and a range of other particular powers. That power has not been activated to date but we keep the exercise of our powers under review. Each inquiry will depend on the context, the level of co-operation by the organisation in question, and the manner in which we need to go about gathering evidence and collating information on the scope of the particular inquiry. The question of what powers are exercised at what point will really be very much context dependent.