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

Mr. Cathal Ryan:

It is a very difficult situation for individuals. We are all about ensuring that individuals have the right transparency concerning how their data is processed. That is a significant piece of work in which we are engaged in terms of ensuring that information notices are clear and people are aware of how their data is being processed. It relates to the recommendations of the Murray report. I know the latter concerned surveillance and telecommunications data but it relates to ensuring there is proper oversight. If someone is stating that data cannot be shared on the basis that it will prejudice a case, how we do know that? What notification has been mentioned? What authorisation has been given? An Garda Síochána has those checks and balances in house but in respect of an individual who wonders why it possesses something it is not sharing with him or her, a complaint could be submitted to our office or a query could be sent for us to check. We have that relationship with An Garda Síochána. We work with the data protection unit of An Garda Síochána all the time. A lot of what An Garda Síochána is doing involves updating its systems. It has implemented a really robust assessment package so much of what it does is underpinned by data protection impact assessments. An Garda Síochána is really implementing the law enforcement directive in full in terms of its assessments, the appropriateness of assessments and all of its procedures. So there will be checks and balances internally to assess whether it is doing things right but, obviously, if an issue arises where an individual feels he or she is not getting all of the data for which he or she has asked, there is recourse to figure out whether the law is being applied in an appropriate manner.